Correctional Services Corporation v. John E. Malesko (534 U.S. 61)
U.S. Supreme Court · decided November 27, 2001 · Supreme Court Database (Spaeth)
- Citation
- 534 U.S. 61 · 122 S. Ct. 515
- Decided
- November 27, 2001
- Term
- October Term 2001
- Vote
- 5–4
- Majority author
- Justice Rehnquist
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. We decide here whether the implied damages action first recognized in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), should, be extended to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons. We decline to so extend Bivens. Petitioner Correctional Services Corporation (CSC), under contract with the federal Bureau of Prisons (BOP), operates Community Corrections Centers and other facilities that house federal prisoners and detainees. Since the late 1980’s, CSC has operated Le Marquis Community Correctional Center (Le Marquis), a halfway house located in New York City. Respondent John E. Malesko is a former federal inmate who, having been convicted of federal securities fraud in December 1992, was sentenced to a term of 18 months’ imprisonment under the supervision of the BOP. During his imprisonment, respondent was diagnosed with a heart condition and treated with prescription medication. Respondent’s condition limited his ability to engage in physical activity, such as climbing stairs. In February 1993, the BOP transferred respondent to Le Marquis where he was to serve the remainder of-his sentence. Respondent was assigned to living quarters on the fifth floor. On or about March 1,1994, CSC instituted a policy at Le Marquis requiring…
Excerpt of a 24,055-character opinion. The full text and citation network load in the interactive viewer above.