Correctional Services Corp. v. Malesko

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Correctional Services Corporation v. Malesko
Seal of the United States Supreme Court.svg
Argued October 1, 2001
Decided November 27, 2001
Full case nameCorrectional Services Corporation v. Malesko
Citations534 U.S. 61 ( more )
122 S. Ct. 515; 151 L. Ed. 2d 456
Prior history229 F.3d 374 (2d Cir. 2000); cert. granted, 532 U.S. 902(2001).
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Case opinions
MajorityRehnquist, joined by O'Connor, Scalia, Kennedy, Thomas
ConcurrenceScalia, joined by Thomas
DissentStevens, joined by Souter, Ginsburg, Breyer

Correctional Services Corporation v. Malesko, 534 U.S. 61 (2001), was a case decided by the United States Supreme Court, in which the Court found that implied damages actions first recognized in Bivens v. Six Unknown Named Agents [1] should not be extended to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons.

A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal law. In each legal case there is an accuser and one or more defendants.

Court judicial institution with the authority to resolve legal disputes

A court is any person or institution with authority to judge or adjudicate, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by the Federal Bureau of Narcotics. The victim of such a deprivation could sue for the violation of the Fourth Amendment itself despite the lack of any federal statute authorizing such a suit. The existence of a remedy for the violation was implied by the importance of the right violated.

Contents

A Bivens action is a civil rights violation suit against the government. The Supreme Court limited this court-invented private right of action to exclude corporate defendants like Correctional Services Corporation. Plaintiff's actions against the individual employees were barred by the statute of limitations because the names of the John Doe defendant prison guards (esp. Jorge Urena) were not known to the plaintiff.

Correctional Services Corporation (CSC), originally Esmor Correctional Corporation, was a correctional firm founded by James F. Slattery in 1987. It was located in Sarasota, Florida, USA, and traded on the NASDAQ. It had been a corporation specializing in the privatization of correctional facilities for federal, state, and local agencies housing adults, juvenile, and Department Of Homeland Security prisoners.

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.

See also

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References

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