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U.S. Supreme Court: No Immunity for Private Prisons
Loaded on Sept. 15, 1997
by Paul Wright
published in Prison Legal News
September, 1997, page 1
The U.S. supreme court, in a five to four ruling, held that employees of privately owned and operated prisons are not entitled to qualified immunity from suit. In the January, 1997, issue of PLN we reported McKnight v. Rees, 88 F.3d 417 (6th Cir. 1996) where the court of appeals …
Filed under:
Private Prisons,
Corrections Corporation of America/CoreCivic,
Restraints,
Qualified Immunity,
Contractor Liability.
Location:
Tennessee.
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More from this issue:
- U.S. Supreme Court: No Immunity for Private Prisons, by Paul Wright
- ADA Applies to State Prisons
- Pro Se Tips and Tactics (Consent Decrees), by John Midgley
- Second Circuit Affirms IFP Provisions
- Sixth Circuit Explains PLRA Again
- PLRA Applies to Juveniles, Retroactive on Attorney Fees
- PLRA Forbids Dismissal of Suits Without Paid Fees
- Gun Law Threatens Police, Military, Prisons
- A Matter of Fact
- BOP Mutiny Convictions Affirmed
- Vacant Judgeships Cripple Federal Judiciary, by Dan Pens
- DC Women Prisoners' Suit Reversed
- Alabama Phone System Upheld
- Pepper Spray too Dangerous for DOC Training?
- Former Mississippi Guards Lose Sentencing Appeal
- Disciplinary Segregation Can Create Liberty Interest
- New York Jail Overcrowding Unconstitutional
- Prisoners Held Beyond Release Date Sue
- Montana Paying for 1991 Prison Uprising
- Supreme Court Strikes Down RFRA as Unconstitutional
- Attorney Fee Award in Nominal Damage Case Affirmed
- Detainee Awarded $64,000 in Guard Attack
- Farmer Loses at Jury Trial
- Iowa Grievance Retaliation Suit Set for Trial
- Indiana ADA Verdict Affirmed
- Fact Finding of Segregation Conditions Required in Disciplinary Suit
- Failure to Remove Sutures States Claim
- Nebraska Women's Court Access Case Reversed
- Consent Decrees Enforceable on Its Own Terms
- Jail Assault Requires Trial
- Reliable Evidence Required at Disciplinary Hearing
- Court Reduces Jury Award in Beating Suit
- Sandin Analyzed for New York Prisoners
- News in Brief
- New Jersey Prisoners Have Liberty Interest in Parole
- No Right to TV or Radio
More from Paul Wright:
- From the Editor, July 1, 2026
- From the Editor, June 1, 2026
- From the Editor, May 1, 2026
- From the Editor, April 1, 2026
- From the Editor, March 1, 2026
- From the Editor, Feb. 1, 2026
- From the Editor, Jan. 1, 2026
- From the Editor, Dec. 1, 2025
- From the Editor, Nov. 1, 2025
- From the Editor, Oct. 1, 2025
More from these topics:
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Video Shows Guards Watched as Oklahoma Detainee Died in Cell, July 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death).
- After Spoliation Sanction, CoreCivic Settles Suit Over Suicide in New Mexico ICE Lockup, July 1, 2026. Corrections Corporation of America/CoreCivic, Discovery, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.
- Safety of “The Wrap” Restraint Device Questioned Amid Fatalities and Criticism From Medical Experts, July 1, 2026. Police Misconduct, Failure to Treat, Restraints, Police--Excessive Force, Federal Legislation.
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- Alabama Prison Warden Reportedly Arrested and Walked Off Job, June 1, 2026. Corrections Corporation of America/CoreCivic, Guard Misconduct, DOC/BOP misconduct, Government Misconduct.
- $5 Million Paid by Colorado County for Jail Detainee’s “Gruesome” Death from Untreated Ulcer; Claims Proceeding Against Southern Health Partners, June 1, 2026. Private Prisons, Systemic Medical Neglect, Private Contractors, Failure to Treat, 42 U.S. Code § 1983, civil action for deprivation of rights.
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.

