Minneci v. Pollard (2011)
- Docket
- 10-1104
- Decided
- 2011-01-01
Summary
Question: Can employees of private prison operators be sued for violating the constitutional rights of inmates? Conclusion: No. Justice Stephen Breyer wrote the opinion of the Supreme Court. Breyer rejected Pollard's arguments and held that a prisoner can not assert an Eighth Amendment claim for damages against private prison employees. Justice Antonin Scalia filed a concurring opinion which Justice Clarence Thomas joined. In his concurring opinion the justice emphasized that he believed that the case law in Bivens, creating a cause of action under the Eighth Amendment, should be limited. Justice Ruth Bader Ginsburg filed a dissenting opinion. She stated that she would not deny Pollard relief merely for the fact that he was placed in a privately operated prison rather than a federal or state operated facility.