Judge takes McCook Work Ethic Camp lawsuit under advisement after hours-long hearing
LINCOLN, Neb. (KLKN) — A Red Willow County District Court judge heard several arguments Friday morning regarding a lawsuit challenging Gov. Jim Pillen and his attempt to transform the Work Ethic Camp in McCook into an ICE detention facility.
The lawsuit — filed initially on Oct. 15 by Nebraska Appleseed on behalf of Sen. DiAnna Schimek and 13 McCook residents — requested a temporary restraining order and a temporary injunction to stop Pillen and the Nebraska Department of Correctional Services from proceeding with the transformation.
SEE ALSO: McCook residents file lawsuit over “unauthorized takeover” of work ethic camp
According to court documents, the court denied the temporary restraining order on Oct. 16.
In the lawsuit, the plaintiffs argue that the State of Nebraska is violating the Nebraska Constitution and state law by changing the facility’s purpose without legislative approval.
“We expressed that we are at a real tipping point at this very moment, with the potential for detainees to be transferred into the facility any day now,” said James Goddard, Program Senior Director at Nebraska Appleseed. “That’s why we’re asking for the court to issue an order to stop that, to keep the status quo.”
The State of Nebraska argues that state law allows the NDCS to manage state correctional facilities and that the Governor may work with federal agencies.
Attorneys for the state also said the recent contract with the U.S. Department of Homeland Security is valid and that the federal government will reimburse the facility’s operating costs.
SEE ALSO: Nebraska publishes contract with DHS to use Work Ethic Camp as ICE detention center
The state concluded its standing argument, contending that the plaintiffs lack legal standing and that the case should be dismissed.
After adjourning, the judge said he will first decide whether the case can proceed before addressing the request for a temporary injunction.
No timeline for the decision was given, but the judge said it would be “soon.”
For now, the state can proceed with its plans to open the facility on Nov. 1.
