AFSCME fights back as private prison corporation asks Supreme Court for a shield from accountability

A private prison corporation is asking the U.S. Supreme Court to give private prison contractors a free pass from accountability and responsibility. They want the same protection from lawsuits that public employers have, except that private prisons don’t have oversight or democratic accountability. 

Earlier today, AFSCME filed a friend-of-the-court brief urging the justices to reject a private prison company’s attempt to shield the private prison industry from any responsibility for violating the law. A ruling that shields government contractors from lawsuits would encourage public employers to outsource union jobs in corrections to private prison companies who are only interested in the bottom line, and not the safety of corrections officers, communities or the rehabilitation of incarcerated adults and children. 

Experience shows that privatization often leads to worse wages, benefits and working conditions. And for decades, AFSCME members in corrections have stood on the front lines in the fight against private prisons.  

Outsourcing jobs in corrections also negatively impacts the communities where we work. Research consistently shows that for-profit prisons are more dangerous, have higher rates of recidivism, and pay less to their officers and staff. 

And while the Supreme Court considers the legal arguments, the fight to keep public safety in public hands is playing out in communities across the country.  

In Iowa, members of AFSCME Council 61 are taking collective action to stop the state from privatizing health care in corrections. The union rallied on September 17 to draw attention to their cause. 

"As a health care professional in a correctional facility, I absolutely have an important role to play in keeping the public safe," said Kayla Fedler, RN and member of Council 61. "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." 

These attempts to avoid accountability to the public and outsource jobs in Iowa’s facilities are both part of the same extremist agenda that would put profit over public safety. AFSCME members have fought this battle before and won. 

Corrections officers in New Mexico lobbied for years to close the state’s private prisons, and their determination paid off. The state’s privately-run facilities are back in public hands after years of corporate mismanagement. 

“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,” said Lt. Art Maldonado, corrections officer in New Mexico and member of AFSCME Council 18. “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.” 

These corporations are taking advantage of the crisis facing AFSCME members in corrections to expand their power and reach across the country. And their CEOs are openly bragging about skyrocketing profits thanks to this administration. 

AFSCME members and our supporters are standing up for our jobs and our communities. Pledge your support today to stop the corporate takeover of America’s corrections facilities.