AFSCME Urges Supreme Court to Reject Private Prisons' Legal Shield

Private Prison Company Seeks Legal Immunity from U.S. Supreme Court

The ongoing debate over accountability in the private prison sector has reached the U.S. Supreme Court, as a private prison corporation seeks to gain immunity from lawsuits. The company is asking for protections similar to those of public employers, despite lacking the same level of oversight and democratic accountability.

In response, AFSCME has submitted a friend-of-the-court brief, urging the justices to deny this request for legal shielding, arguing that it would encourage public employers to outsource union jobs to profit-driven private entities.

Historically, privatization has led to lower wages and poorer working conditions. AFSCME members, who have long opposed private prisons, argue that outsourcing correctional jobs would negatively impact community safety and rehabilitation efforts.

Research indicates that for-profit prisons pose increased risks, including being more dangerous, having higher recidivism rates, and lower pay for staff.

Across the nation, communities are actively engaged in efforts to maintain public safety under public control. In Iowa, members of AFSCME Council 61 protested on September 17 against the privatization of healthcare services in correctional facilities. Kayla Fedler, a registered nurse, highlighted the potential negative outcomes of such actions.

"As a health care professional in a correctional facility, I absolutely have an important role to play in keeping the public safe," said Fedler. "We know this plan to outsource jobs will lead to worse outcomes for staff, inmates and the public. And it won't save any money for the state in the long run. We're proud to stand together in our union to stop private companies from taking over health care services in Iowa's facilities."

In New Mexico, AFSCME members successfully campaigned to return privately run prisons to state control following years of mismanagement by corporate operators.

Lt. Art Maldonado, a corrections officer in New Mexico and member of AFSCME Council 18, stated, “Corrections officers and staff are facing real issues that won’t be solved by giving more money and power to private prisons. We’re dealing with chronic severe short-staffing and more danger on the job. This Supreme Court case won’t do anything to fix America’s broken corrections system or make our communities safer. Private prisons aren’t the answer — they’re part of the problem.”

As the Supreme Court deliberates, AFSCME and its supporters continue to advocate for public control of correctional facilities. The union encourages citizens to pledge support against corporate expansion in the corrections sector.

For more information on public safety initiatives, visit the AFSCME Public Safety website.