Supreme Court of the United States

Minneci v. Pollard

January 10, 2012132 S. Ct. 617

Summary

The Supreme Court held that a Bivens action does not lie against employees of a privately operated federal prison for Eighth Amendment violations because state tort law provides an adequate alternative remedy. The Court reversed the Ninth Circuit’s decision recognizing such a claim. Justice Ginsburg dissented, arguing for federal uniformity, while Justice Scalia concurred to limit Bivens further.