CORRECTIONAL SERVICES CORP. v. MALESKO

No. 00-860.

534 U.S. 61 (2001)

CORRECTIONAL SERVICES CORP. v. MALESKO

United States Supreme Court.

Decided November 27, 2001.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner. With him on the briefs were Frank R. Volpe, George P. Stasiuk, and Karen M. Morinelli.

Jeffrey A. Lamken argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Underwood, Deputy Solicitor General Clement, Barbara L. Herwig, and Thomas M. Bondy.

Steven Pasternak argued the cause for respondent. With him on the brief was David C. Vladeck.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 75. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 75.


Chief Justice Rehnquist delivered the opinion of the Court.

We decide here whether the implied damages action first recognized in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), should be extended to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons. We decline to so extend Bivens.

Petitioner Correctional Services Corporation...

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