Minneci v. Pollard - Post-Decision SCOTUScast
SCOTUScast 01-26-12 featuring Alexander Volokh
On January 10, 2012, the Supreme Court announced its decision in Minneci v. Pollard. The question in this 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 by a vote of 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.
To discuss the case, we have Alexander Volokh, who is an assistant professor at Emory University School of Law.
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