CoreCivic Inc v. Candide Group LLC et al

Filing 60

ORDER GRANTING MOTION TO DISMISS by Judge William Alsup [granting 41 Motion to Strike]. (whasec, COURT STAFF) (Filed on 11/19/2020)

Case 3:20-cv-03792-WHA Document 60 Filed 11/19/20 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORECIVIC, INC.,
Plaintiff,

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United States District Court
Northern District of California

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No. C 20-03792 WHA

v.
CANDIDE GROUP, LLC, and
MORGAN SIMON,

ORDER GRANTING
MOTION TO DISMISS

Defendants.
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A multitude of issues have been tendered on defendants’ motion to dismiss and to strike

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the complaint for defamation. It turns out, however, that CoreCivic, Inc., did, in fact, operate
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detention facilities for parents separated from their children pursuant to the Border Patrol’s

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family separation policy. Thus, even though CoreCivic did not operate the detention facilities
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in which the children themselves were housed, CoreCivic did house the other half of the
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afflicted families or at last some of them. Therefore, the allegedly defamatory statements were
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true enough under the First Amendment and under California defamation law. Truth being a
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defense, the complaint is DISMISSED WITHOUT LEAVE TO AMEND. It is unnecessary to reach
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the remaining issues tendered. All other motions are DENIED AS MOOT.
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IT IS SO ORDERED.
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Dated: November 19, 2020.
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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE