Corr. Servs. Corp. v. Malesko

In Corr. Servs. Corp. v. Malesko, 534 U.S. 61, 70-71 (2001), the United States Supreme Court declined to extend Bivens causes of action beyond federal officials to lawsuits against private corporations, even if they are acting under color of federal law:

"The purpose of Bivens is to deter individual federal officers from committing constitutional violations .... Inferring a constitutional tort remedy against a private entity... is therefore foreclosed."

Specifically, the Court declined to extend Bivens to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons.

Chief Justice William Rehnquist wrote the 5-4 decision that included support by Justice Sandra Day O'Connor, while Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer dissented.