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Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review
Loaded on Aug. 15, 2001
by John E Dannenberg
published in Prison Legal News
August, 2001, page 9
by John E. Dannenberg
Filed under:
Work Release,
Private Prisons,
Esmor/CSC,
Cardiovascular,
Limitations,
Contractor Liability,
Premises Liability.
Location:
New York.
Holding that a private corporation acting under color of federal authority may be sued under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 US 388, 397, (1971), the Court of Appeals for the Second Circuit vacated the District Court's dismissal of John …
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More from this issue:
- New York Guards Watch as Prisoner Kills Cellmate
- From the Editor
- Executive Director Note
- $1.1 Million Awarded in Texas Restraint Chair Settlement, by Ronald Young
- Michigan DOC Sex Abuse Suit Nets Nearly $4 Million, by Roger Smith
- Michigan Prison Visitor Forced to Wet Pants Wins $40,000 in Damages and Fees
- Brutality Behind the Orange Curtain, by Willie Wisely
- Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review, by John E Dannenberg
- INS Force-Feeds Long-Term Detainee, by Mark Dow
- BOP Changes Organ Transplant Policy, by Robert Durkee
- Pelican Bay Policy Banning Internet-Generated Mail Upheld
- 305 Days in New York SHU Is Atypical
- Trial Required in Pennsylvania Failure to Protect Suit
- Notes From the Unrepenitentiary: Whose Security?, by Marilyn Buck
- New York Nazi Guard Charged with Sodomy
- Unjust Rape Conviction Nets New York Man $530,000
- Habeas Hints: Apprendi, by Kent Russell
- Turkish Prisoners Struggle Against Transfers, by Julia Lutsky
- Two Escape from Oklahoma Control Unit
- U.S. Supreme Court Requires Futile Administrative Exhaustion
- Washington Civil Commitment Injunction Upheld
- Arizona Supreme Court Rules on 1993 Earned Release Statute
- $80,000 Settlement in CDC Transsexual Suit
- Court Awards $146,000 in Arizona Medical Indifference Case, by Lonnie Burton
- Kansas Disciplinary Restitution Orders Authorized
- Pre-Sentence Detention Earns Good Time Credits in Montana Prison
- PLRA Attorney Fee Cap Analyzed
- Dismissal of Washington Persistent Prison Misbehavior Charge Upheld
- Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible
- Kansas 2-Year Visiting Restriction Unauthorized
- Arizona Judgment Seizure Statute Upheld; Fees Protected
- Retaliation Claim Not Foreclosed by Sandin
- New York District Court Reversed for Failure to State Legal Reasoning
- Washington ISRB May Rescind Parole after Final Discharge
- No Due Process for Washington Sex Offender Registration
- News in Brief
- Washington Sex Offenders Settle Suit for $150,000
- DC Prisoner Wins $175,000 in Conditions Case, by David C Fathi
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- CoreCivic’s Non-Binding Promises Leave Minnesota City Exposed, Oct. 1, 2026. Corrections Corporation of America/CoreCivic, Cost of Prison Systems, Tax Law, Contractor Liability, Immigration Detention.
- $100,000 Paid to Five Prisoners Assaulted by Centurion Gynecologist at Florida Lockup, Sept. 1, 2026. Staff-Prisoner Assault, Prison Rape Elimination Act, Contractor Liability, Monell Liability, Deliberate Indifference.
- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- $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.
- $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.
- Monitor Says Massachusetts Prisons Will Not Meet Settlement Deadline for Mental Health Reforms, May 1, 2026. Private Prisons, DOC/BOP misconduct, Consent Decrees, Failure to Treat (Mental Illness), Suicides.
- Tulsa Jail Withholds Records Related to Detainee Deaths, April 1, 2026. Private Prisons, Wrongful Death, Suicides, Access to Media, Public Records Act.
- Analysts Recommend Closing California’s Soledad Prison, April 1, 2026. Private Prisons, Cost of Prison Systems.

