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Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available
Loaded on Sept. 15, 2007
published in Prison Legal News
September, 2007, page 34
In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison.
Filed under:
Private Prisons,
Corrections Corporation of America/CoreCivic,
Failure to Protect (General),
Law Library Access/Adequacy,
Complaints,
Parties,
Ad-Seg Hearings.
Location:
Kansas.
In 2001, Cornelius E. Peoples, a federal pretrial detainee, was held at a Leavenworth, Kansas facility operated ...
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More from this issue:
- Management & Training Corp. Struggles to Maintain Market Share, by Gary Hunter
- Houston Jail Has Highest Number of Deaths in Texas: 101, by Gary Hunter
- From the Editor, by Paul Wright
- Florida Jails: State’s Largest Mental Health Providers, by David Reutter
- Chains of Love, by Siobhan O'Connor
- Gannet New Jersey’s Witch Hunt for Public Employees with Criminal Records, by Matthew Clarke
- Colorado Investigates Former Prison Director for Malfeasance Following State Audit
- Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below, by John Dannenberg
- 20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party, by David Reutter
- Ohio Lawyer Suspended for Bilking Prisoners’ Families
- Florida’s Civil Commitment Center Exhibits Little Change Despite New Contractor, by David Reutter
- Connecticut Takes Cut of Prisoner Judgments and Inheritances, by Matthew Clarke
- Texas Must Afford Prisoners Due Process in Trust Fund Garnishment, by Matthew Clarke
- Florida Homeless Sex Offender Ruling Reversed, FDOC Changes Policy Anyway, by David Reutter
- Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights, by Matthew Clarke
- China Admits Illegally Harvesting Organs From Executed Prisoners, by Gary Hunter
- Big Brother Monitoring Michigan Sex Offenders
- CCA Pays $438,626 for Discriminatory Hiring Practices in Arizona
- U.S. Parole Commission Rules are “Laws” for Ex Post Facto
- Maryland Closes Decrepit, Scandal-Plagued House of Correction
- California DOC Finally Discloses Some Records In $4.1 Billion Of Public Contracts, by John Dannenberg
- California Contract Healthcare Management Firm Locked Out; Fees Withheld;, by John Dannenberg
- Washington’s Criminal Justice System Racially Biased; Voting Rights Act Claim Fails Anyway
- § 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss, by John Dannenberg
- $1,000,000 Award for Attorney’s Failure to Prosecute Prisoner’s Lawsuit
- Eighth Circuit Reverses Dismissal on Wrong Medication Claims
- Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial
- Pennsylvania DNA Act Not Ex Post Facto
- Guards Settle “Sick Building” Claim at Florida Jail for $495,000
- New Investigative Solution by LexisTracks Sex Offenders, Wherever They Are
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- Forced Work in Dangerous Washington Prison Job Conditions States Eighth Amendment Claim, by John Dannenberg
- CCA Fined for Florida Jail Escape; County Commission Poised to Impose More Fines
- California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights, by John Dannenberg
- Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available
- Fulton County Jail Consents to Improve Dismal Conditions, by David Reutter
- California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions
- Collection-Rate of Appellate Costs Taxed to Prisoner Reduced to Rate for PLRA Filing-Fees, by John Dannenberg
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- $125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing, May 1, 2024. Guard Misconduct, Racial Discrimination, Retaliation for Media Contact, Retaliatory Segregation, Prison Gangs, Failure to Protect (General).
- Shocking Video Footage Reveals Rampant Violence and Neglect in Los Angeles County Jails, April 26, 2024. Staff-Prisoner Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Jail Specific.
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024. Corrections Corporation of America/CoreCivic, Strip Searches, Employee Litigation.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- Eighth Circuit Affirms Qualified Immunity for Missouri Prison Chief in Sexual Abuse Claims Against Former Guard, April 1, 2024. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Immunity - Absolute and Qualified.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- New Jersey Private Prison Ban Voided, March 1, 2024. Private Prisons, Corrections Corporation of America/CoreCivic, Supremacy Clause, Detention - Generally, Immigration Detention.
- Alabama Prisons Facing Third Class-Action Lawsuit, March 1, 2024. Parole Board Misconduct, Prison Labor, Failure to Protect (General), Staffing, Guard Brutality/Beatings, Failure to Treat (Mental Illness), Assaults on Staff.