Options for Suing the Federal Government Under Bivens Unlikely to Expand

more+
less-

In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their actions after his injuries. On Nov. 1, 2011, the Supreme Court held oral argument in Minneci v. Pollard and considered the possibility of creating a new federal remedy against private employees who work for a federal government agency.

Pollard claimed that after his injuries, prison employees put him back to work before his arms were healed, causing him extreme pain in violation of his Eighth Amendment right against cruel and unusual punishment. Pollard pursued his claims under the authority of the 1971 Supreme Court case Bivens v. Six Unknown Federal Narcotics Agents, which held that, under limited circumstances, a plaintiff could bring a private cause of action for damages against federal employees who violated a constitutional right when there was no other adequate remedy under federal law.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Remedies Updates, Conflict of Laws Updates, Constitutional Law Updates, Labor & Employment Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jeff Ifrah | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »