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 name Correctional Services Corporation v. Malesko
Citations 534 U.S. 61 (more)
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
Majority Rehnquist, joined by O'Connor, Scalia, Kennedy, Thomas
Concurrence Scalia, joined by Thomas
Dissent Stevens, 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 Fed. Narcotics Agents, 403 U.S. 388 (1971) should not be extended to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons.

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.

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External links[edit]

  • Text of Correctional Services Corporation v. Malesko, 534 U.S. 61 (2001) is available from:  Findlaw  Justia