civil rights Archives - Cockle Legal Briefs

The Supreme Court and Same-sex Marriage

The Supreme Court is prepared to end a controversy that has divided much of the nation for the past two decades: Do states have: (a) the power to ban same-sex marriages, and (b) the power to refuse to recognize such marriages performed in another state? The Court will hear oral argument in four vided cases [...]

Should Private Prison Guards Be Liable Under Bivens?

Shon R. Hopwood2019-03-18T18:48:00-05:00May 27th, 2011|Tags: civil rights, Minneci v. Pollard, No. 10-1104, prison privatization, prisons, private prisons|

The Supreme Court granted certiorari last week almost assuredly to reverse a Ninth Circuit ruling creating a Bivens action for prisoners wanting to sue prison personnel at privately-run correctional facilities. The case is Minneci, et al., v. Pollard, No. 10-1104. After having read the lower court decision and cert-stage briefs, I am [...]