Moreover, attorney Jason Feldman asserts, "Society has not yet arrived at the era when corporate immunity is stronger than sovereign immunity. These are private, for-profit companies asking the court to give them broader protections than even those available to the government," added Feldman. Feldman further explained that GEOs and MTC's position would have, in essence, created a 20-day statute of limitations for tort claims making it virtually impossible for anyone to bring a tort claim against a private company running a federal prison. Wallach further stated, "This ruling could have broad implications for private companies that assume government functions."
Another matter with very similar claims and defenses-- Fekrat v. GEO Group, Inc. et al., (EDCA 1:12-cv-01940) is also pending before the Eastern District of California, and it is anticipated that a similar order will imminently be issued by the court.
Feldman and Wallach are available for comment by contacting their press relations manager. A copy of the court ruling is available upon request.
SOURCE Feldman & Wallach