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Correctional Services Corp. v. Malesko

Docket No.: 00-860
Certiorari Granted: Mar 5 2001
Argued: October 1, 2001
Decided: November 27, 2001

Topics:

Civil Rights, Civil Rights Acts, Liability, ADA, Bivens action, Due Process, ERISA, Eighth Amendment, Fair Labor Standards Act, Federal Tort Claims, Fifth Amendment, First Amendment, Fourth Amendment, National Labor Relations Act, Seventh Amendment, equitable relief, preemption, privacy, public schools, qualified immunity, separation of powers, sovereign immunity

PartyNames: Correctional Services Corporation v. John E. Malesko
Petitioner: Correctional Services Corporation
Respondent: John E. Malesko

Court Below: United States Court of Appeals for the Second Circuit
Citation: 229 F.3d 374
Lower Court Decision
Supreme Court Docket

Correctional Services Corporation
v.
John E. Malesko
534 U.S. 61 (2001)
Question:

Should the implied private action for damages against federal officers alleged to have violated a citizen's constitutional rights, first recognized in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, be extended to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons?

Correctional Services Corp. v. Malesko
ORAL ARGUMENT

October 1, 2001

Holding: reversed
Decision: Decision: 5 votes for Correctional Services Corp., 4 vote(s) against
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