BREAKING: CCA Sues Pembroke Pines in Federal Court

Categories: Broward News
Thumbnail image for cca-ice-meeting-4.jpg
Pines Mayor Frank Ortis (bottom) faced off with Southwest Ranches, ICE, and CCA officials in November. Now CCA is suing his city for failing to provide services to the proposed lockup.
Well, that was quick. Pembroke Pines commissioners voted last night to rescind a contract to provide fire, EMS, water, and sewer services to Southwest Ranches, in opposition to a planned ICE detention facility being proposed by Corrections Corporation of America.

CCA responded immediately with a hefty lawsuit, filed late last night. Southwest Ranches Town Attorney Keith Poliakoff just sent us this federal complaint, after the jump:
Pines Cca Suit

-- This lawsuit was waiting in the wings as Pembroke Pines commissioners took their vote. Poliakoff says that Pines City Attorney Sam Goren was advised of its existence last night. It's obviously something that Sam Poole and CCA legal have been spending some time on. "All of us had known that CCA was filling this against Pines," says Poliakoff.

-- Moving to federal court nullifies a legal "declaratory action" that Pines was planning to take, asking a judge to decide whether they could legally deny services to Southwest Ranches. That action was to be filed by Pines despite last night's simultaneous decision to cancel the contract.

-- "I personally believe that CCA has numerous options" for water and sewer other than Pembroke Pines, says Poliakoff, Still, he says, "the other options were more costly. The tie-in to Pines made the most economic and logical sense."

-- But it's worth noting the dire language in the complaint above: "As a result of the City's complete reversal, CCA stands to lose its business relationship with ICE..."

-- This will likely be a relatively fast case in federal court: Poliakoff anticipates a decision within eight to nine months. Meanwhile, CCA's efforts to build the facility will proceed.

-- For the first time, Poliakoff mentioned to us the possibility of not building the facility, but it came with a warning of big consequences. "Hypothetically speaking, if ICE denies the contract and CCA blames the decision on Pembroke Pines, the city will be liable for a huge amount of money. We're talking hundreds of thousands millions of dollars."

-- If CCA goes ahead and drills its own wells, etc., and a federal judge then rules against Pines, the city could be on the hook for all the extra costs of CCA's new water system.


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14 comments
KennyPowersII
KennyPowersII

Anyone else notice the posturing of the CCA legal staff in the articles lead photo? The mayor has been relegated to the peasants pit while the inquisitors hover above. Real classic power play theatrics.

Bill Di Scipio
Bill Di Scipio

In response to Buddy Nevins:

Has Pines denied water to CCA? I believe that they have NOT turned down CCA’s application and have filed for a declaratory action to put it to a judge to rule on before they take the step of denying the application.

If those facts are in dispute, please correct me. Otherwise, where’s CCA’s standing? Have they been injured?

Regarding the contract. Can you imagine a situation where there is a contract between you and me where we have a mutual agreement to terminate the contract for whatever reason we want EVEN if one of us is in breech of the contract?

Also, in our agreement, we agreed that this contract is between you and me and that it shall not give ANY rights to a third party at all.

Then, you desire to terminate the contract and do so. So, your office mate comes along and sues you for violating HIS constitutional rights because you terminated the contract with me.

You really have to use pretzel logic to rationalize this scenario while maintaining that you are a supporter of contract law.

You’ve just done precisely that.

I believe Castillo is right. You never know what a judge is going to do, but this federal ruling would be a setback in contract law with some of the most stunning ramifications for contract law. Further, it’s mainly the federal government itself which uses convenience clauses so regularly. It would undermine the legal construct of a convenience clause.

CCA is just spending money they earned from governmental sources to waste time in court.

Like any other Rancher including Town Hall, our neighbor CCA should drill a well and put in a septic system like we all do. They should be PROHIBITED from connecting to a municipal water source just like we are prohibited from doing so. Equal protection, you know?

CCA should then find another puppet rather than Jeff Nelson or Keith Poliakoff to sign a contract with ICE so that they can financially benefit and also shed risk of operating the type of business they wish to operate.

jaquebauer
jaquebauer

The City excercised a clause in their contract to no longer provide water and sewar.  It was per the contract, so CCA is blowing smoke.  We the residents do not want this prison-it will be close to our homes, schools, stores.  There is no need for it, and the way it came to be was underhanded, negotiated in secret, and many politicials get big payoffs to force this to be built.  Wasserman Schultz, Bill Nelson get cash from CCA for reccomending the prison be built.  Is this what you elected these people for ?   To work dirty deals at night under the desks of the CCA executives is what Wasserman Schultz did..

FQS9000
FQS9000

I really, truly hope CCA wins and if the judges can actually read the law, they will.  I also hope Pembroke Pines can find a way to stick the NIMBYs with the legal bills.

janesdobbs
janesdobbs

CCA doesn't care about the communities they build in, obviously all they care about is getting our Federal Dollars!! Why are all of their other facilities located so far away from homes??  Because it's a PUBLIC SAFETY ISSUE!!

Jill
Jill

Isn't the Federal government investing $$Millions to restore the EVERGLADES!!!!!!! This Detention Center, Jail, Prison whatever you want to call it, doesn't belong in this area. It's far from remote. It's right on top of aNice residential community, that will suffer a great loss in value, and probably be unable to sell their homes. It will be just as if it was CONDEMNED BY TOXIC CHEMICALS. How dare they want to ruin the lives of these families!!! We've all come together to fight for the SAFETY and HOMES of this community from SWR!!!!!!

Kansan
Kansan

Appleton, Minnesota CCAPrivate prison company’s growth went hand-in-hand with political influence: Jon Collins September 26, 2011 Minnesota Independent

March 17, 2010 West Central TribuneA tentative three-year tax agreement reached with the Corrections Corporation of America will mean lost revenues for Swift County, especially in 2011. Property taxes will likely increase to make up for a decrease in revenue that the Prairie Correctional Facility in Appleton had generated in the past, said Swift County Auditor Byron Giese. The prison, which closed in February, had appealed its $42.9 million valuation last fall, triggering a series of negotiation sessions. Following a closed meeting Tuesday, the Swift County Board of Commissioners approved a three-year deal that assumes the prison will remain empty in 2011 and hopeful that it will reopen in 2012, said Giese. The first part of the agreement includes a reduction in the 2009 valuation from $42.9 million to $32 million for the 2010 payable taxes. That translates into a loss of $50,000 in tax revenue to the county this year, which Giese said will have to come out of the county budget. “It’s something we have to deal with. It’s not insurmountable,” he said. Harder hit is the city of Appleton that will see $250,000 less in revenue. The Lac qui Parle Valley School District will have a decrease of $40,000 because of the lowered valuation of the prison, and the state will get $60,000 less Giese, said. The 2010 valuation, for taxes payable in 2011, will be lowered to $17.5 million. The financial impact on tax revenues for the local entities hadn’t been calculated with that low valuation. “Everyone will have to live with it and move forward,” Giese said. He said property taxes may have to increase 3 to 4 percent on each parcel to make up for the lost prison revenue: “Local taxpayers will pay more.” In the final phase of the three-year plan, the 2011 valuation for taxes payable in 2012 would increase to $21.5 million. “We’re anticipating that, hopefully, it’ll be open again,” said Giese, explaining why the valuation is scheduled to increase at that time. Corrections Corporation of America, which has other empty prisons in the system, has assured the county that reopening the Appleton prison is their number one priority.

Kansan
Kansan

Well, their gloves are off.  The legal Guidos from CCA are intent on enforcing a vague contract that never should have been accepted in the first place.

If they are worried about their "relationship" with ICE, they should start acting responsibly, instead of as if the sun shines out of their corporate behind.

CCA has often maintained that it does not want to locate in, to force itself upon any community that "doesn't want us."

Prove it.  Go away and don't come back.

nanook5
nanook5

give up, cca. you're not welcome ANYWHERE.

jaquebauer
jaquebauer

Why the hell do you want CCA to win, unless you are a Communist diaper doper baby.  You are one of the stinking pinkos that belong in the prisons full of homo men , just waiting to bend you over.

Red435
Red435

SWR RESIDENTS ARE GOING TO BE STUCK WITH HUGE BILLS IF THIS PRISON GOES IN! HAVE YOU SEEN THE 16 PAGES OF LAWSUITS AGAINST CCA? 7000 RESIDENTS PAYING FOR MULTIMILLION DOLLAR SETTLEMENTS! I SUGGEST YOU LOOK INTO YOUR LIABILITY.....CCA ONLY PROTECTS THEMSELVES!

FQS9000
FQS9000

I want CCA to win because:1.  They bought the land many years ago with the express purpose of putting in a prison.  You knew this when you bought your land.  You merely want to keep them from using their property.2.  Prisons keep people AWAY from other people.  That is the ENTIRE point of a prison.  You should be worried more about the local drug dealers in the schools and the punks that are roaming the streets freely.3.  In the spirit of the homo comment, you really should quit giving your pubic lice to the neighbor's dogs.  It's rude and unhygienic.   

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