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MINNECI v. POLLARD

No. 10-1104.

132 S.Ct. 617 (2012)

181 L.Ed.2d 606

Margaret MINNECI, et al., Petitioners, v. Richard Lee POLLARD, et al.

Supreme Court of United States.

Decided January 10, 2012.

Attorney(s) appearing for the Case

Jonathan S. Franklin , Washington, DC, for Petitioners.

Pratik A. Shah , for the United States as amicus curiae, by special leave of the Court, supporting the Petitioners.

John F. Preis , Richmond, VA, for Respondents.

Jonathan S. Franklin , Counsel of Record, Mark Emery Fulbright & Jaworski L.L.P., Washington, DC, for Petitioners.

Brian Wolfman , Georgetown University, Institute for Public Representation, Washington, DC, John F. Preis , Counsel of Record, University of Richmond, School of Law, Richmond, VA, Counsel for Respondent, Scott L. Nelson , Public Citizen Litigation Group, Washington, DC, for Respondent.

Justice BREYER delivered the opinion of the Court.

The question is whether we can imply the existence of an Eighth Amendment-based damages action (a Bivens action) against employees of a privately operated federal prison. See generally Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 389, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) ("[V]iolation of [the Fourth Amendment] by a federal agent . . . gives rise to a cause...

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