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No Private Cause of Action Under BOP Statute
Loaded on Aug. 15, 1997
published in Prison Legal News
August, 1997, page 23
The court of appeals for the District of Columbia circuit held that 18 U.S.C. § 4042 does not create a private cause of action for constitutional violations against Bureau of Prisons (BOP) officials. Section 4042 sets forth the BOP's duty to provide care and protection to the prisoners in its ...
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More from this issue:
- Supreme Court Upholds Kansas Civil Commitment Law, by Dan Pens
- Washington Prison Official Tagged for Fire
- From the Editor, by Paul Wright
- No P.C. for Informants
- Disputed Facts Require Trial in Beating Case
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Washington Prison Food Factory Cooks Up Controversy
- Publications Reviews, by Paul Wright
- Habeas and 1983 Remedy for Disciplinary Hearings Discussed
- Florida Paradox of Prisons, Politics and Profits
- Washington Prison Legislation
- Prisoner's Death Throws Utah DOC into Turmoil
- Kansas Ad Seg Hearing Required
- AA Probation Requirement Violates Establishment Clause
- DC Circuit Creates New Immunity Rule: Supreme Court Grants Review
- Punitive Segregation May Violate Due Process
- District Courts Responsible for PLRA Appeal Fees
- PLRA Filing Fees Don't Apply to Habeas
- PLRA 'Physical Injury' Requirement Affirmed
- Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit
- Fifth Circuit Applies Three Strikes Provision
- PLRA Physical Injury Requirement Defined
- Con Artist Dupes 'America's Toughest Sheriff'
- Un-Happy Meal Provider Pulls Out of Kansas Prisons
- North Carolina Population Limit Modification Affirmed
- Jail Medical Fees Upheld by Fifth Circuit
- Florida Ban on Prisoner Legal Help Struck Down
- Administrative Exhaustion Required for Disc. Habeas
- Florida Supreme Court Strikes Down Gain Time Loss
- Failure to Treat Broken Hand States Claim
- Michigan DOC Held in Contempt in Court Access Case
- No Immunity for Denial of Exercise
- Utah Supreme Court Vacates Damage Reduction in Prison Suit
- Washington Cost Bill PI Vacated
- News in Brief
- Retaliation Verdict Reversed
- Res Judicata No Bar to Damages in Illegal Sentence
- Medical Malpractice Instruction Warranted in Eighth Amendment Suit
- No Private Cause of Action Under BOP Statute
- California Prison Focus
More from these topics:
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, Feb. 1, 2022. Federal Tort Claims Act, Failure to Treat (Mental Illness).
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, Nov. 1, 2021. Guard Misconduct, Federal Tort Claims Act, Qualified Immunity.
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, Nov. 1, 2021. Failure to Treat, Federal Tort Claims Act.
- Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, June 15, 2021. Federal Statutory Law.
- Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence, May 5, 2020. Wrongful Imprisonment, Federal Tort Claims Act.
- Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action, April 1, 2020. Systemic Medical Neglect, Complaints, Federal Tort Claims Act.
- Court Holds Federal Tort Claim Against BOP Can Proceed in MCC Beating Death, March 4, 2020. Guard Brutality/Beatings, Federal Tort Claims Act, Wrongful Death, Excessive Force (Wrongful Death).
- Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case, Sept. 5, 2018. Retaliation for Filing Grievances, Guard Brutality/Beatings, Federal Tort Claims Act, First Amendment, rights.
- FTCA Claims Survive; PREA Policy Defeats Discretionary Function Exception, May 8, 2018. Prisoner-Prisoner Harassment, Failure to Protect (General), Federal Tort Claims Act, Prison Rape Elimination Act.