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ALBA v. MONTFORD

No. 06-14508.

517 F.3d 1249 (2008)

Luis Francisco ALBA, Plaintiff-Appellant, v. Susan MONTFORD, Joan Roy, Michael V. Pugh, John Nmi Gluch, Fnu Littman, Clara Yawn, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 22, 2008.

Attorney(s) appearing for the Case

Michael N. Loebl (Court-Appointed), Fulcher Hagler, LLP, Augusta, GA, for Alba.

Stephen E. Curry, Curry Law Firm, Augusta, GA, for Defendants-Appellees.

Before BIRCH, CARNES and COX, Circuit Judges.

COX, Circuit Judge:

This appeal presents the narrow question of whether a federal prisoner incarcerated in a privately operated prison may pursue a Bivens action against employees of the private prison for allegedly violating his Eighth Amendment right to medical treatment. The district court held that he cannot. We affirm.

I. Background

Luis Francisco Alba, a federal prisoner, filed a pro se civil rights complaint while incarcerated...

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