McFadden, et al. v. Corrections Corporation of America
United States District Court for the District of Kansas, case no.: 09-2273-EFM
Filed: Filed: May 21, 2009

What is the lawsuit about?

Our office along with Stueve Siegel Hanson, LLP and Brown & Associates, LLC filed a collective action claim against Corrections Corporation of American (CCA) in the U.S. Federal Court in Kansas City, Kansas on May 21, 2009. This lawsuit was filed on behalf all Assistant Shift Supervisors (a/k/a Lieutenants) under the federal wage and hour laws: the Fair Labor Standards Act (FLSA). The lawsuit alleges that CCA misclassified these employees as exempt from being paid overtime. The lawsuit seeks overtime pay for individuals who worked as Lieutenants. This lawsuit is asking the Court to certify this class of employees at CCA’s 65 facilities in nineteen states.

At this time, this lawsuit is not a certified collective class action. It will only become a certified collective class action after the Court issues an order granting this status. We anticipate filing this motion in the near future.

Can I get a copy of the lawsuit?

For a copy of the lawsuit that has been filed: click here.

How can I join?

If you were/are a corrections officer or hourly employee after March 2005, were required to be present at work and not compensated for this time, and would like to participate in this matter, you need to download and complete the following two forms (1) a questionnaire form, and (2) a consent to join form. After completing these forms, you will need to mail them to either:

After these forms are received, you will be contacted for further information.

How Can I follow What is Happening in the Lawsuit?

This lawsuit was filed in U.S. Federal Court in Kansas City, Kansas. That court allows the public to view the documents filed in existing lawsuits. You can access this information by clicking on https://ecf.ksd.uscourts.gov/cgi-bin/login.pl.

Once you are on that web page, you will need to set up a PACER account in order to receive a “login” and “password.” There is a link on this page for http://pacer.psc.uscourts.gov/. Once you have a login and password, you can go back and enter that information on the court’s website in order to log-in. After you log in, click “query” at the top of the next screen. This will bring up a “search clues” box. Within that box, you will need to enter 09-0159 in the case number area, then hit the “Run Query” button. On the next screen, clock on the “docket report” link. That will bring up the docket report for the case. You will be able to see all the documents that have been filed in the case, including all the consent to join forms. Note: if you click on a document and want to review it, there is a charge to your PACER account for the copies.