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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
- Florida Jails: State’s Largest Mental Health Providers, by David Reutter
- From the Editor, by Paul Wright
- 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
- Florida Homeless Sex Offender Ruling Reversed, FDOC Changes Policy Anyway, by David Reutter
- Texas Must Afford Prisoners Due Process in Trust Fund Garnishment, by Matthew Clarke
- 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
- California Contract Healthcare Management Firm Locked Out; Fees Withheld;, by John Dannenberg
- California DOC Finally Discloses Some Records In $4.1 Billion Of Public Contracts, by John Dannenberg
- Maryland Closes Decrepit, Scandal-Plagued House of Correction
- § 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss, by John Dannenberg
- Washington’s Criminal Justice System Racially Biased; Voting Rights Act Claim Fails Anyway
- $1,000,000 Award for Attorney’s Failure to Prosecute Prisoner’s Lawsuit
- Eighth Circuit Reverses Dismissal on Wrong Medication Claims
- Pennsylvania DNA Act Not Ex Post Facto
- Guards Settle “Sick Building” Claim at Florida Jail for $495,000
- Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial
- New Investigative Solution by LexisTracks Sex Offenders, Wherever They Are
- Illinois Parole Board Pays Nearly $11,000 in Attorney Fees, Can Only Charge Reasonable Postage and Copying Costs
- 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
- Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available
- California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights, by John Dannenberg
- California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions
- Fulton County Jail Consents to Improve Dismal Conditions, by David Reutter
- Collection-Rate of Appellate Costs Taxed to Prisoner Reduced to Rate for PLRA Filing-Fees, by John Dannenberg
- Direct Contempt of U.S. Court Must Be in Court’s Presence; Conviction Reversed
- Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison
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More from these topics:
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- Seventh Circuit Affirms Summary Judgment in Illinois Prisoner’s Segregation Lawsuit, March 1, 2026. Liberty Interests, Evidence, Totality of Conditions, Ad-Seg Hearings, Administrative Detention/Segregation.
- Private Prison Firm GEO Group Reports Record $254 Million Profit After New ICE Contracts, March 1, 2026. Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Systemic Medical Neglect, Immigration Detention.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).
- Maryland Prisons Reel from Growing Number of Prisoner Deaths, March 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing, Deliberate Indifference.
- Southern Poverty Law Center Report Shows Culture of Abuse at Florida Prison, March 1, 2026. Failure to Protect (General), Overcrowding, Staffing, Pepper Spray/Tear Gas, Administrative Detention/Segregation.
- Alarming Conditions at Texas Family Detention Center Owned by CoreCivic, March 1, 2026. Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Contagious Disease -- Misc., Totality of Conditions, Immigration Detention.
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.
- The St. Louis Jails Are Running Out of Guards, Feb. 1, 2026. Systemic Medical Neglect, Failure to Protect (General), Staffing, Hygiene Supplies, Suicides.
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026. DOC/BOP misconduct, Prison/Jail Murders, Failure to Protect (General), Staffing, DOJ CRIPA Actions.

