Correctional Servs. Corp. v. Malesko

No. 00-860 (U.S. Nov. 27, 2001) ; Clearinghouse Number: 54279

Description

Prisoner Does Not Have a Right of Action for Damages Against Private Contractor Operating Prison Facility

Abstract

The Supreme Court has held that the limited holding in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), may not be extended to confer a right of action for damages against private entities acting under color of federal law. Respondent prisoner has a heart condition. Petitioner, a corporation under contract with the federal Bureau of Prisons to operate a federal corrections facility, assigned prisoner a bedroom on the fifth-floor bedroom, and respondent suffered a heart attack climbing the stairs to his room. Respondent filed a damages action against petitioner and individual defendants alleging, inter alia, that they were negligent in refusing him the use of the elevator. The district court dismissed the action, reasoning that a Bivens action may only be maintained against an individual, not a corporate entity. Reversing, the Second Circuit held that private entities should be held liable under Bivens to accomplish the important Bivens' goal of providing a remedy for constitutional violations. The Supreme Court held respondent’s only remedy lies against the offending individual officers. The Court noted that Bivens’ purpose is to deter individual federal officers, not the agency from committing constitutional violations. Citing FDIC v. Meyer, 510 U.S. 471 (1994), the Court found that the threat of suit against an individual’s employer was not the kind of deterrence contemplated by Bivens. The Court rejected respondent’s claim that requiring private corporations acting under color of federal law to pay for the constitutional harms they commit is the best way to discourage future harms. The Court noted that respondent has other effective remedies, including a parallel tort remedy that is unavailable to prisoners housed in government facilities.

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Attorney Information
Docket Date
2001-11-27 00:00:00+00:00

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