minneci
et
al
pollard
et
argued
november
decided
january
respondent
pollard
sought
damages
employees
privately
run
federal
prison
california
claiming
deprived
adequate
medical
care
violation
eighth
amendment
prohibition
cruel
unusual
punishment
federal
district
dismissed
complaint
ruling
eighth
amendment
imply
action
bivens
six
unknown
fed
narcotics
agents
privately
managed
prison
personnel
ninth
circuit
reversed
held
circumstance
case
state
tort
law
authorizes
adequate
alternative
damages
actions
providing
significant
deterrence
compensation
bivens
remedy
implied
pp
wilkie
robbins
fairly
summarizes
basic
considerations
applies
deciding
whether
recognize
bivens
remedy
must
first
ask
whether
alternative
existing
process
protecting
constitutionally
recognized
interest
amounts
convincing
reason
judicial
branch
refrain
providing
new
freestanding
damages
remedy
even
absent
alternative
bivens
remedy
subject
judgment
federal
courts
must
make
kind
remedial
determination
appropriate
tribunal
paying
particular
heed
special
factors
counselling
hesitation
authorizing
new
kind
federal
litigation
bivens
held
fourth
amendment
implicitly
authorized
order
federal
agents
pay
damages
person
injured
agents
violation
amendment
strictures
noting
fourth
amendment
prohibited
conduct
state
law
might
permit
interests
protected
one
hand
state
trespass
invasion
privacy
laws
hand
fourth
amendment
may
inconsistent
even
hostile
also
stated
istorically
damages
regarded
ordinary
remedy
invasion
personal
interests
liberty
found
special
factors
counselling
hesitation
absence
affirmative
action
congress
bivens
actions
allowed
davis
passman
fifth
amendment
due
process
claim
involving
employment
discrimination
carlson
green
eighth
amendment
claim
based
federal
government
officials
deliberat
indifferen
ce
federal
prisoner
medical
needs
since
carlson
declined
imply
bivens
action
several
different
instances
see
bush
lucas
correctional
services
malesko
applying
wilkie
approach
pollard
assert
bivens
claim
primarily
eighth
amendment
claim
focuses
kind
conduct
typically
falls
within
scope
traditional
state
tort
law
case
privately
employed
defendant
state
tort
law
provides
alternative
existing
process
capable
protecting
constitutional
interests
stake
wilkie
existence
alternative
remedy
constitutes
convincing
reason
judicial
branch
refrain
providing
new
freestanding
damages
remedy
ibid
pp
pollard
contrary
arguments
rejected
first
claims
carlson
authorizes
eighth
bivens
action
carlson
involved
government
privately
employed
personnel
potential
existence
adequate
alternative
existing
process
differs
dramatically
public
private
employees
prisoners
ordinarily
bring
state
tort
actions
private
employees
public
ones
second
pollard
argument
consider
whether
federal
laws
provide
adequate
alternative
remedies
vagaries
state
tort
law
carlson
supra
rejected
malesko
supra
third
pollard
claims
state
tort
law
provide
remedies
adequate
protect
constitutional
interests
issue
california
like
every
state
far
aware
tort
law
provides
negligence
actions
claims
state
law
may
prove
less
generous
bivens
action
render
state
law
inadequate
state
remedies
potential
bivens
remedy
need
perfectly
congruent
fourth
pollard
argues
may
similar
eighth
amendment
claims
state
tort
law
cover
offers
supporting
cases
possibility
future
case
eighth
amendment
claim
state
law
differs
significantly
issue
provides
insufficient
grounds
reaching
different
conclusion
pp
reversed
breyer
delivered
opinion
roberts
scalia
kennedy
thomas
alito
sotomayor
kagan
joined
scalia
filed
concurring
opinion
thomas
joined
ginsburg
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
margaret
minneci
et
petitioners
richard
lee
pollard
et
al
writ
certiorari
appeals
ninth
circuit
january
justice
breyer
delivered
opinion
question
whether
imply
existence
eighth
damages
action
bivens
action
employees
privately
operated
federal
prison
see
generally
bivens
six
unknown
fed
narcotics
agents
iolation
fourth
amendment
federal
agent
gives
rise
cause
action
damages
federal
government
employee
believe
circumstances
present
state
tort
law
authorizes
adequate
alternative
damages
actions
actions
provide
significant
deterrence
compensation
see
wilkie
robbins
bivens
action
alternative
existing
processes
provide
adequate
protection
richard
lee
pollard
prisoner
federal
facility
operated
private
company
wackenhut
corrections
corporation
filed
pro
se
complaint
federal
several
wackenhut
employees
include
security
officer
supervisor
several
members
medical
staff
federal
magistrate
judge
interpreted
pollard
complaint
claimed
employees
deprived
adequate
medical
care
thereby
violated
eighth
amendment
prohibition
cruel
unusual
punishment
caused
injury
sought
damages
pollard
said
year
earlier
slipped
cart
left
doorway
prison
butcher
shop
prison
medical
staff
took
rays
thought
might
fractured
elbows
brought
outside
clinic
orthopedic
evaluation
subsequently
arranged
surgery
particular
pollard
claimed
despite
told
prison
guard
extend
arm
guard
forced
put
jumpsuit
travel
outside
clinic
causing
excruciating
pain
app
several
visits
outside
clinic
prison
guards
made
pollard
wear
arm
restraints
connected
way
caused
continued
pain
prison
medical
personnel
failed
follow
outside
clinic
instructions
put
pollard
left
elbow
posterior
splint
failed
provide
necessary
physical
therapy
failed
conduct
necessary
studies
including
nerve
conduction
studies
times
pollard
arms
casts
similarly
disabled
prison
officials
failed
make
alternative
arrangements
receive
meals
result
avoid
humiliated
general
food
service
area
pollard
auction
personal
items
obtain
funds
buy
food
commissary
prison
officials
deprived
basic
hygienic
care
point
bathe
two
weeks
prison
medical
staff
provided
insufficient
medicine
point
pain
sleep
prison
officials
forced
return
work
injuries
healed
concluding
eighth
amendment
provide
bivens
action
privately
managed
prison
personnel
magistrate
judge
recommended
district
dismiss
pollard
complaint
district
appeal
ninth
circuit
found
eighth
amendment
provided
pollard
bivens
action
reversed
district
pollard
geo
group
amended
defendants
sought
certiorari
light
split
among
courts
appeals
granted
petition
compare
ibid
finding
eighth
amendment
bivens
action
prisoner
sues
employees
privately
operated
federal
prison
alba
montford
bivens
action
available
holly
scott
ii
recently
wilkie
robbins
supra
rejected
claim
fifth
amendment
impliedly
authorized
bivens
action
permit
landowners
obtain
damages
government
officials
unconstitutionally
interfere
exercise
property
rights
reviewing
earlier
bivens
cases
stated
decision
whether
recognize
bivens
remedy
may
require
two
steps
first
place
question
whether
alternative
existing
process
protecting
constitutionally
recognized
interest
amounts
convincing
reason
judicial
branch
refrain
providing
new
freestanding
remedy
damages
even
absence
alternative
bivens
remedy
subject
judgment
federal
courts
must
make
kind
remedial
determination
appropriate
tribunal
paying
particular
heed
however
special
factors
counselling
hesitation
authorizing
new
kind
federal
litigation
quoting
bush
lucas
standards
seek
reflect
reconcile
reasoning
set
forth
earlier
cases
bivens
held
fourth
amendment
implicitly
authorized
order
federal
agents
pay
damages
person
injured
agents
violation
amendment
constitutional
strictures
noted
federally
protected
rights
invaded
courts
remedies
grant
necessary
relief
quoting
bell
hood
see
also
correctional
services
malesko
authority
imply
new
constitutional
tort
anchored
within
general
jurisdiction
pointed
fourth
amendment
prohibited
among
things
conduct
state
law
might
permit
conduct
issue
case
bivens
added
interests
protected
one
hand
state
trespass
invasion
privacy
laws
hand
fourth
amendment
guarantees
may
inconsistent
even
hostile
stated
istorically
damages
regarded
ordinary
remedy
invasion
personal
interests
liberty
found
special
factors
counselling
hesitation
absence
affirmative
action
congress
davis
passman
considered
former
congressional
employee
claim
damages
suffered
result
employer
unconstitutional
discrimination
based
gender
found
damages
action
implicit
fifth
amendment
due
process
clause
emphasized
unavailability
alternative
forms
judicial
relief
noted
evidence
congress
constitution
intended
foreclose
remedy
carlson
green
considered
claim
damages
brought
estate
federal
prisoner
estate
said
died
result
government
officials
deliberat
indifferen
ce
medical
needs
indifference
violated
eighth
amendment
citing
estelle
gamble
implied
action
damages
eighth
amendment
noted
state
law
offered
particular
plaintiff
meaningful
damages
remedy
although
estate
might
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damages
claim
federal
tort
claims
act
defendant
lawsuit
employer
namely
individual
officers
committed
violation
damages
remedy
individual
officer
added
prove
effective
deterrent
ibid
rather
leave
compensation
vagaries
state
tort
law
federal
bivens
action
provide
uniform
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since
carlson
decide
several
different
instances
whether
imply
bivens
action
instance
decided
existence
action
instances
include
federal
employee
claim
federal
employer
dismissed
violation
first
amendment
bush
supra
congressionally
created
federal
civil
service
procedures
provide
meaningful
redress
claim
military
personnel
military
superiors
violated
various
constitutional
provisions
chappell
wallace
special
factors
related
military
counsel
implying
bivens
action
see
also
stanley
similar
claim
recipients
social
security
disability
benefits
benefits
denied
violation
fifth
amendment
schweiker
chilicky
elaborate
administrative
scheme
provides
meaningful
alternative
remedy
former
bank
employee
suit
federal
banking
agency
claiming
lost
job
due
agency
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violated
fifth
amendment
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fdic
meyer
bivens
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government
agencies
rather
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act
unconstitutionally
prisoner
eighth
suit
private
corporation
managed
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prison
permit
suit
risk
skewing
relevant
incentives
time
ability
prisoner
bring
state
tort
law
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action
private
individual
defendants
means
prisoner
lack
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remedies
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reaching
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always
similarly
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wilkie
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basic
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underlie
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pollard
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claim
primarily
pollard
eighth
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upon
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law
case
privately
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law
provides
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process
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interests
stake
existence
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judicial
branch
refrain
providing
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ibid
reasoning
best
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reject
pollard
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iii
pollard
together
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asks
us
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pollard
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carlson
federal
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carlson
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prisoner
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see
westfall
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federal
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osborn
haley
westfall
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prisoners
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another
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justice
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malesko
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prisoner
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fall
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carlson
earlier
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malesko
majority
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dissent
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explained
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malesko
fundamentally
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carlson
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square
pollard
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malesko
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carlson
consider
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considering
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also
schweiker
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bush
similar
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carlson
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indiana
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malesko
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majority
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making
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well
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davis
noting
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individual
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third
pollard
argues
state
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provide
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croft
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provide
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reasons
federal
prisoner
seeks
damages
privately
employed
personnel
working
privately
operated
federal
prison
conduct
allegedly
amounts
violation
eighth
amendment
conduct
kind
typically
falls
within
scope
traditional
state
tort
law
conduct
involving
improper
medical
care
issue
prisoner
must
seek
remedy
state
tort
law
imply
bivens
remedy
case
judgment
ninth
circuit
reversed
ordered
scalia
concurring
margaret
minneci
et
petitioners
richard
lee
pollard
et
al
writ
certiorari
appeals
ninth
circuit
january
justice
scalia
justice
thomas
joins
concurring
join
opinion
agree
narrow
interpretation
rationale
bivens
six
unknown
fed
narcotics
agents
cause
holding
case
apply
circumstances
case
even
narrowest
rationale
bivens
apply
however
decline
extend
holding
bivens
relic
heady
days
assumed
powers
create
causes
action
constitutional
implication
correctional
services
malesko
scalia
concurring
see
also
wilkie
robbins
thomas
concurring
abandoned
power
statutory
field
see
alexander
sandoval
constitutional
field
presumably
imagined
implication
even
repudiated
congress
previously
stated
see
malesko
supra
limit
bivens
two
cases
davis
passman
carlson
green
precise
circumstances
involved
ginsburg
dissenting
margaret
minneci
et
petitioners
richard
lee
pollard
et
al
writ
certiorari
appeals
ninth
circuit
january
justice
ginsburg
dissenting
pollard
incarcerated
facility
federal
remedy
eighth
amendment
violations
alleges
see
carlson
green
bivens
action
estelle
gamble
action
reasons
stated
dissenting
opinion
joined
correctional
services
malesko
opinion
stevens
deny
character
relief
pollard
prisoner
placed
federal
contract
privately
operated
prison
pollard
may
suffered
aggravated
instances
conduct
state
tort
law
forbids
ante
opinion
aggravated
conduct
engaged
official
also
offends
federal
constitution
see
estelle
rather
remitting
pollard
vagaries
state
tort
law
carlson
hold
injuries
sustained
serving
sentence
compensable
according
uniform
rules
federal
law
bivens
six
unknown
fed
narcotics
agents
harlan
concurring
judgment
indeed
stronger
cause
providing
federal
remedy
case
malesko
question
presented
whether
bivens
action
lies
private
corporation
manages
facility
housing
federal
prisoners
malesko
suing
corporate
employer
majority
observed
malesko
serve
deter
individual
officers
conduct
transgressing
constitutional
limitations
authority
individual
deterrence
reminded
consideration
central
bivens
decision
malesko
noting
availability
state
tort
remedies
majority
malesko
declined
exten
bivens
beyond
decision
core
premise
deterring
individual
officers
malesko
pollard
case
contrast
involves
bivens
core
concern
suit
seeking
damages
directly
individual
officers
precisely
deterrent
effect
found
absent
malesko
reasons
stated
hold
relief
potentially
available
state
tort
law
block
pollard
recourse
federal
remedy
affront
constitution
suffered
accordingly
affirm
ninth
circuit
judgment
footnotes
ninth
circuit
ruled
petitioners
acted
color
federal
law
pollard
geo
group
petitioners
seek
review
determination
see
brief
petitioners