By Barbara Hoberock, Oklahoma Voice
OKLAHOMA CITY – Two media outlets on Wednesday sued the Oklahoma Department of Corrections for violating the state’s open records act by failing to provide information about a Watonga immigration detention center.
The suit, brought by nonprofit media outlets Oklahoma Voice and the Frontier, alleges the state agency failed to provide an unredacted contract it signed with U.S. Immigration and Customs Enforcement concerning the resumption of operations of the 2,160-bed Diamondback Correctional Facility in Watonga.
CoreCivic, a private prison company, operates the facility, which houses ICE detainees.
The state receives a monthly administrative fee of about $833,333 to monitor contract compliance and for other administrative functions, according to a partially redacted record released by the Department of Corrections. The lawsuit alleges that the record detailing the administrative fee references an Intergovernmental Service Agreement, and the Department of Corrections refuses to provide any portion of it.
The Oklahoma Department of Corrections can’t comment on pending litigation, said Kay Thompson, a spokeswoman.
A DOC attorney previously said that the agency was not required to release the intergovernmental agreement “if such release would disclose information that ICE — the other contracting party — would deem confidential” under the federal Freedom of Information Act, according to the lawsuit, which was filed in Oklahoma County District Court.
The news outlets are seeking a declaration that the documents are public records, an order releasing the contract and attorneys fees.
“DOC may not defer its obligations under the open records act to ICE,” said Leslie Briggs, an attorney with the Reporters Committee for Freedom of the Press, which is jointly representing the media outlets.
The DOC has an independent duty to produce the information according to state law, Briggs said.
“We intend to ensure the press and the public have access to records detailing the operation of any immigration facility operating in this state,” Briggs said.
