Daniel E. Lujan v. Board of County Commissioners for Cibola County, CoreCivic, Inc., CoreCivic, LLC, and CoreCivic of Tennessee, LLC

Summary

The United States District Court for the District of New Mexico grants Plaintiff Daniel E. Lujan’s motion to remand a state-law action concerning injuries sustained while detained at a privately operated county correctional facility. The Court holds that Defendants failed to establish that CoreCivic was acting under the direction of a federal officer as required for removal under 28 U.S.C. § 1442(a)(1). The Court remands the case to the Thirteenth Judicial District Court for Cibola County and denies a related motion to consolidate as moot.

Holdings

1. The defendants failed to establish by a preponderance of the evidence that CoreCivic was acting under the United States Marshals Service as required by 28 U.S.C. § 1442(a)(1), because the contractual requirements and federal oversight shown in the record did not establish the requisite level of supervision, control, or delegated authority.
2. The motion to consolidate was denied as moot after the court granted remand.

Questions Presented

1. Whether the defendants established that CoreCivic was acting under the direction of a federal officer or agency as required for removal under 28 U.S.C. § 1442(a)(1).
2. Whether the defendants' motion to consolidate should remain pending after the action was remanded.

Disposition

remanded