Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

MINNECI v. POLLARD

Docket No.: 10-1104
Certiorari Granted: 05/16/11
Argued: November 1, 2011
Decided: 01/10/12

Topics:

Bivens action, Due Process, Eighth Amendment, Federal Tort Claims, Fifth Amendment, First Amendment, Fourth Amendment, absolute immunity, privacy, property rights, qualified immunity, separation of powers

PartyNames: Margaret Minneci, et al. v. Richard Lee Pollard, et al.
Petitioner: Margaret Minneci, et al.
Respondent: Richard Lee Pollard, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 629 F.3d 843
Supreme Court Docket

Margaret Minneci, et al.
v.
Richard Lee Pollard, et al.
Question Presented:

Whether the Court should imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), against individual employees of private companies that contract with the Federal government to provide prison services, where the plaintiff has adequate alternative remedies for the harm alleged and the defendants have no employment or contractual relationship with the government.

Question:

Can employees of private prison operators be sued for violating the constitutional rights of inmates?

MINNECI v. POLLARD
ORAL ARGUMENT

11/01/11

Listen to Oral Argument in MINNECI v. POLLARD
Holding: REVERSED
Vote: 8-1
Majority: Breyer,Roberts,Scalia,Kennedy,Thomas,Alito,Sotomayor,Kagan
Concurring: Scalia,Thomas
Dissenting: Ginsburg
Opinion By:
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)