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00-860 Correctional Services Corp. v. Malesko

By: dmc-admin//December 3, 2001//

00-860 Correctional Services Corp. v. Malesko

By: dmc-admin//December 3, 2001//

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“[I]it is clear that the claim urged by respondent is fundamentally different from anything recognized in Bivens or subsequent cases. In 30 years of Bivens jurisprudence we have extended its holding only twice, to provide an otherwise nonexistent cause of action against individual officers alleged to have acted unconstitutionally, or to provide a cause of action for a plaintiff who lacked any alternative remedy for harms caused by an individual officer’s unconstitutional conduct. Where such circumstances are not present, we have consistently rejected invitations to extend Bivens, often for reasons that foreclose its extension here.

“Inmates in respondent’s position also have full access to remedial mechanisms established by the BOP, including suits in federal court for injunctive relief and grievances filed through the BOP’s Administrative Remedy Program (ARP). See 28 CFR 542.10 (2001) (explaining ARP as providing ‘a process through which inmates may seek formal review of an issue which relates to any aspect of their confinement’). This program provides yet another means through which allegedly unconstitutional actions and policies can be brought to the attention of the BOP and prevented from recurring. And unlike the Bivens remedy, which we have never considered a proper vehicle for altering an entity’s policy, injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally.”

229 F.3d 374, Reversed.

Local Effect:

The decision has not previously been considered by the Seventh Circuit.

00-860 Correctional Services Corp. v. Malesko

Certiorari to the United States Court of Appeals for the Second Circuit, Rehnquist, C.J.; Scalia, J., concurring; Stevens, J., dissenting.

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