Add to ORKGFull-text available at SSRN. See link in this record.Interpreting recent Supreme Court precedent, the Tenth Circuit, in Peoples v. CCA Detention Centers, held that a federal prisoner confined in a privately run prison may not bring a Bivens suit against the employees of the private prison for violations of his constitutional rights when alternative state-law causes of action are available. The author first reviews the Supreme Court's evolving Bivens jurisprudence and turns next to an overview of the Tenth Circuit's opinion. Third, the author argues that, despite the Tenth Circuit's new approach, putative constitutional claims brought under state-law theories of recovery will often be re-federalized, producing uniform federal liability rules...
This Comment explores the conflict between two federal laws when prisoners challenging their confine...
I. Introduction II. Development of Damages Remedy Against Government Officials for Constitutional Vi...
When a prisoner is tortured or otherwise abused in violation of his or her constitutional rights, th...
Full-text available at SSRN. See link in this record.Interpreting recent Supreme Court precedent, th...
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. S...
In June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained...
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. S...
In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy wa...
The Supreme Court\u27s decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narco...
Professor Preis discusses Minneci v. Pollard, a case he argued before the Supreme Court of the Unite...
This brief piece responds to Carlos M. Vázquez & Stephen I. Vladeck, State Law, the Westfall Act, an...
Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditi...
n Hernandez v. Mesa, the Supreme Court denied the petitioners the opportunity to seek a Bivens remed...
The Supreme Court has long recognized that prisoners\u27 constitutional rights must be balanced agai...
Inmates confined to correctional facilities have necessarily forfeited many of their civil rights. B...
This Comment explores the conflict between two federal laws when prisoners challenging their confine...
I. Introduction II. Development of Damages Remedy Against Government Officials for Constitutional Vi...
When a prisoner is tortured or otherwise abused in violation of his or her constitutional rights, th...
Full-text available at SSRN. See link in this record.Interpreting recent Supreme Court precedent, th...
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. S...
In June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained...
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. S...
In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy wa...
The Supreme Court\u27s decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narco...
Professor Preis discusses Minneci v. Pollard, a case he argued before the Supreme Court of the Unite...
This brief piece responds to Carlos M. Vázquez & Stephen I. Vladeck, State Law, the Westfall Act, an...
Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditi...
n Hernandez v. Mesa, the Supreme Court denied the petitioners the opportunity to seek a Bivens remed...
The Supreme Court has long recognized that prisoners\u27 constitutional rights must be balanced agai...
Inmates confined to correctional facilities have necessarily forfeited many of their civil rights. B...
This Comment explores the conflict between two federal laws when prisoners challenging their confine...
I. Introduction II. Development of Damages Remedy Against Government Officials for Constitutional Vi...
When a prisoner is tortured or otherwise abused in violation of his or her constitutional rights, th...