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ARTICLE · 17 MAY 2011

Supreme Court Docket Report - May 16, 2011

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The Supreme Court granted certiorari today in "Minneci v. Pollard", No. 10-1104, to decide whether an implied cause of action arises under "Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics", 403 U.S. 388 (1971), when a federal prisoner alleges that individual employees of the private corporation operating the prison under contract with the government have violated his or her constitutional rights and state tort law affords the plaintiff an adequate, alternative remedy.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published May 16, 2011

Keywords: government contractors, Bivens Actions, cause of action

Today the Supreme Court granted certiorari in one case of interest to the business community:

Government Contractors—Bivens Actions

The Supreme Court granted certiorari today in Minneci v. Pollard, No. 10-1104, to decide whether an implied cause of action arises under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), when a federal prisoner alleges that individual employees of the private corporation operating the prison under contract with the government have violated his or her constitutional rights and state tort law affords the plaintiff an adequate, alternative remedy. Although it arises in the prison context, this case presents an issue of substantial importance to all government contractors that have been engaged to provide services or to perform functions that traditionally have been carried out by the government.

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