This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Carter G. Phillips, the central issue is whether a Bivens action for damages can be brought against a private corporation acting under color of federal law.
According to United States (Amicus Curiae), according to United States (Amicus Curiae), the corporation is described as an unusual tortfeasor that can act only through its employees.
According to United States (Amicus Curiae), according to United States (Amicus Curiae), when an inmate in a federally operated facility is subjected to a constitutional deprivation, that inmate has a remedy against the individual Federal officers who committed the constitutional deprivation.
Background and question before the Court
Justice O'Connor asked whether the case involves only an action against the corporation and not against its employees.
What each side argues
Petitioner – Correctional Services Corporation
According to Carter G. Phillips, the petitioner argues that the case concerns whether a Bivens action for damages applies to a private corporation acting under federal authority.
Respondent – John E. Malesko
According to Respondent (Mr. Pasternak), according to Respondent (Mr. Pasternak), the respondent contends that the corporation should be treated as a private entity that controls its employees, invoking respondeat superior and fiduciary duties.
What happened at oral argument
According to Justice O'Connor, justice O'Connor: "Do you – this – this involves only an action against the corporation not against its employees?"
Chief Justice: "Are you making that as arguendo, or are you conceding that? Now, your brief seems to make a concession to that effect."
Chief Justice: "Why couldn't you say the same about joint tortfeasors?"
According to Chief Justice Rehnquist, chief Justice Rehnquist: "Do you concede, for purpose of review of the case and based on your question presented, that the complaint states a cause of action?"
What the Court decided
Why it matters
According to Carter G. Phillips, the case raises the question of whether a Bivens action for damages applies to a private corporation acting under color of federal law.
If corporations are held liable, insurance rates may rise, increasing costs for the United States Government.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- b1dfcf94e76cfd1fe13f-r1-3cb348e5edb724cf.pdforal argument transcript
Guide generated September 19, 2026. Automated validation accepted this version.