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RICHARDSON v. McKNIGHT

No. 96-318.

521 U.S. 399 (1997)

RICHARDSON et al. v. McKNIGHT

United States Supreme Court.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Charles R. Ray argued the cause for petitioners. With him on the briefs was Robert S. Catz.

David C. Vladeck argued the cause for respondent. With him on the brief were Michael E. Tankersley and Alan B. Morrison.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging affirmance. On the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Waxman, Deputy Assistant Attorney General Preston, Cornelia T. L. Pillard, Barbara L. Herwig, and John F. Daly.*

Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J.,filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined, p. 414.

Justice Breyer, delivered the opinion of the Court.

The issue before us is whether prison guards who are employees of a private prison management firm are entitled to a qualified immunity from suit by prisoners charging a violation of 42 U. S. C. § 1983. We hold that they are not.

I

Ronnie Lee McKnight, a prisoner at Tennessee's South Central Correctional Center (SCCC), brought this federal constitutional tort action against two prison guards...

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