New SCOTUScast: Minneci v. Pollard
by SCOTUScaster
Posted January 27, 2012, 11:22 AM
On January 10, the Supreme Court announced its decision in Minneci v. Pollard. The question in the case was whether prison inmates may invoke the Bivens doctrine to bring suit against the employees of a private company hired by the federal government to provide services for the prison.
In an opinion delivered by Justice Breyer, the Court held 8-1 that it could not imply a Bivens remedy here because state law authorized alternative damages actions that provide both significant deterrence and compensation. Justice Scalia, joined by Justice Thomas, wrote an opinion concurring in the Court’s judgment. Justice Ginsberg filed a dissenting opinion.
We have Alexander Volokh, assistant professor at Emory University School of Law, to discuss the case.