May a Federal Prisoner Bring a Bivens Action for Damages Against a Private Corrections Corporation?
Correctional Services Corporation v. Malesko Docket No. 00-860 From: The Second Circuit Case at a Glance The desirability of privatizing prisons is a hotly debated topic in modern penology. Under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, persons acting under color of federal law may be sued for damages for violating the civil rights of a federal prisoner. In this case, the Supreme Court is asked to decide if a private corporation that operates a correctional facility under contract with the U.S. Bureau of Prisons may be similarly liable under Bivens. • Previewed by Stanley E. Adelman, an attorney, criminal justice trainer and consultant, and professor of law at the University of Tulsa and University of Arkansas law schools.
