By Morgan Chilson
TOPEKA — CoreCivic can’t house immigration detainees before reaching an agreement with the city of Leavenworth on reopening its private prison, the Kansas Court of Appeals ruled Friday when it upheld a lower court’s decision.
“There is nothing to suggest that CoreCivic is being singled out here,” the Court of Appeals decision said. “The City is merely attempting to enforce its zoning regulations that impose requirements on every entity regardless of its status as a contractor with the federal government.”
Nashville-based CoreCivic appealed an injunction by Leavenworth County District Court that banned it from beginning to take detainees to fulfill its U.S. Immigration and Customs Enforcement contract. The company announced in 2025 that it would reopen its closed prison as the Midwest Regional Reception Center.
Leavenworth officials said CoreCivic needed a special use permit to do so. The disagreement launched back-and-forth court cases, one of which spawned the injunction against housing detainees while the two worked it out.
In the midst of court actions, CoreCivic applied for a special use permit that is nearing approval by city officials.
In its decision, Court of Appeals judges listed three facts they considered before upholding the decision by Leavenworth County District Judge John Bryant — whether the district court’s decision was “arbitrary, fanciful or unreasonable,” based on an error in law or a factual error.
Chief Judge Sarah Warner and Judges Thomas Malone and Stephen Hill issued a 22-page decision that stepped through district court arguments before determining no errors were made in the original ruling.
The appeals court decision outlines the case Leavenworth presented in support of the injunction and breaks down why the district court didn’t err in its decision.
CoreCivic argued the city’s case didn’t have crucial elements that make the injunction reasonable, including a “substantial likelihood” of success and tangible, irreparable harm. The Court of Appeals considered the district judge’s decision on those elements and disagreed with the company.
In considering whether irreparable harm was an issue, the court noted “alarming” testimony supporting the city’s reports that CoreCivic denied local law enforcement access to investigate crimes.
“Patrick Kitchens, the City’s Chief of Police, offered sworn testimony about CoreCivic’s operation of the MRRC that is, to put it mildly, somewhat alarming,” the Appeals decision said. “Kitchens testified that ‘the Leavenworth Police Department encountered many significant problems in responding to reports of crimes, including violent felonies, at the Facility. Due to frequent changes in leadership at CoreCivic, we had difficulty in getting these problems addressed.’ ”
Kitchens gave evidence of a November 2018 inmate death that CoreCivic didn’t report to police for six days, that CoreCivic discouraged police from investigating at least three sexual assaults and that the company didn’t allow employees who were crime victims to interview with city police while they were on duty.
“We have more than (enough) evidence of ‘past harms’ to support the City’s request for a temporary injunction,” the appeals judges wrote. “CoreCivic’s actions demonstrate a very real and imminent harm. … The substantial evidence of the City’s problems with CoreCivic’s operation of the facility combined with the minimal evidence the problems will be addressed supports a reasonable probability of irreparable harm.”
CoreCivic officials have been working through Leavenworth’s special permit process, including addressing Kitchens’ concerns. Kitchens told city commissioners at a meeting last week that he believes previous problems will be addressed by the special use permit.
The permitting process, which led to about 100 people offering public input on the issue, is nearing completion. The Leavenworth City Commission voted 4-1 to pass the permit on for second consideration, which will be March 10. At that point, the commission will vote on the permit or could remand it go back to the city’s planning commission and ask for changes.
If the city denies the permit, CoreCivic can appeal in district court.
