Margaret Minneci v. Richard Lee Pollard — Ginsburg, J., Dissenting

Summary

Justice Ginsburg, dissenting, argues Pollard should have a federal Bivens remedy for Eighth Amendment violations in a privately operated federal prison, distinguishing Malesko on deterrence grounds. She would affirm the Ninth Circuit's judgment. Justice Scalia, concurring, joins the Court's opinion but views Bivens as a relic and declines to extend it.