bivens
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Federal judge refuses to dismiss lawsuit over prison training exercise turned violent
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A federal judge ruled last week that claims could proceed against five federal prison employees who allegedly attacked their colleagues during a training exercise turned violent. While carrying out a 2019 hostage training at the Federal Correctional Complex in Florence, prison employees punched, shot simulated bullets at and used chemical munitions on their coworkers who…
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Federal judge dismisses claim against coordinator of prison training exercise gone wrong
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A federal judge ruled on Tuesday that the alleged coordinator of a prison training exercise could not be held liable for excessive force when the simulation took a turn for the worse and employees actually attacked each other. As part of a 2019 hostage training at Federal Correctional Complex, Florence, prison employees punched, shot simulated bullets…
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10th Circuit underscores most lawsuits against federal officials are ‘dead’
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The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people’s constitutional rights are “all but dead” — thanks to the U.S. Supreme Court’s recent decisions. Lawsuits seeking money damages against federal employees for constitutional violations are known as a “Bivens remedy,” stemming from a 1971 Supreme Court…
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Divided 10th Circuit keeps ‘zombie’ claims alive against federal prison officials
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The federal appeals court based in Denver rejected the appeal of prison officials accused of using excessive force against an incarcerated man, reasoning earlier this month that even if the U.S. Supreme Court’s precedent means the claims will ultimately fail, an immediate appeal was not the answer. The appeal from the Federal Bureau of Prisons…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
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Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
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Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
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Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…
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10th Circuit underscores limited path federal prisoners face in suing government
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The federal appeals court based in Denver underscored last month that incarcerated plaintiffs have essentially no path to suing federal officials for money for violating their constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit explained that the U.S. Supreme Court’s precedent, as well as its own, meant prisoners…
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10th Circuit declines to consider prison food-tampering claim
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The federal appeals court based in Denver has declined to consider an incarcerated man’s allegations that a prison official tampered with his food by placing “light brown matter,” “red matter” and saliva on his meals, causing illness. On Aug. 16, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit issued an…
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Federal judge to Congress: Roll back Supreme Court’s limitations on suing federal officials
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In an extraordinary move, a federal judge in Colorado has called upon Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for constitutional violations. U.S. District Court Senior Judge William J. Martínez, in an Aug. 3 order, criticized the fact that prisoners, if they are in a federal facility, are largely…
