October Term 2001 · Docket 00-860
Can inmates sue private prison companies for constitutional violations?
Inmates claim private prison companies violated their rights. They seek damages. The company denies liability.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
The inmate's counsel argued that federal law provides a remedy against private actors.
The company's counsel argued that federal law does not extend to private corporations.
The Chief Justice asked how the legal theory affects the available damages.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 19, lines 17-35 — Transcript, file page 19, lines 17-35
- Official Supreme Court Transcript — file page 27, lines 41-41 — Transcript, file page 27, lines 41-41
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 49, lines 39-58 — Transcript, file page 49, lines 39-58
- Official Supreme Court Transcript — file page 53, lines 17-11 — Transcript, file page 53, lines 17-11
- Official Supreme Court Transcript — file page 56, lines 19-23 — Transcript, file page 56, lines 19-23
A citizen's guide to the whole case
What this case is about
This case tests the scope of federal remedies. It asks if private firms face direct lawsuits for constitutional harms.
Official sources for this section
- Official Supreme Court Transcript — file page 19, lines 17-35 — Transcript, file page 19, lines 17-35
- Official Supreme Court Transcript — file page 27, lines 41-41 — Transcript, file page 27, lines 41-41
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 49, lines 39-58 — Transcript, file page 49, lines 39-58
- Official Supreme Court Transcript — file page 53, lines 17-11 — Transcript, file page 53, lines 17-11
How the case got here
The Supreme Court heard oral argument in this case on October 1, 2001.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 56, lines 19-23 — Transcript, file page 56, lines 19-23
What each side wants
The inmate wants a direct damages remedy against the private company.
The company wants to avoid direct liability for constitutional violations.
Official sources for this section
- Official Supreme Court Transcript — file page 19, lines 17-35 — Transcript, file page 19, lines 17-35
- Official Supreme Court Transcript — file page 27, lines 41-41 — Transcript, file page 27, lines 41-41
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 49, lines 39-58 — Transcript, file page 49, lines 39-58
- Official Supreme Court Transcript — file page 53, lines 17-11 — Transcript, file page 53, lines 17-11
What each side says
The inmate argues federal law creates a remedy against private actors.
The company argues federal law does not extend to private corporations.
Official sources for this section
- Official Supreme Court Transcript — file page 19, lines 17-35 — Transcript, file page 19, lines 17-35
- Official Supreme Court Transcript — file page 27, lines 41-41 — Transcript, file page 27, lines 41-41
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 49, lines 39-58 — Transcript, file page 49, lines 39-58
- Official Supreme Court Transcript — file page 53, lines 17-11 — Transcript, file page 53, lines 17-11
What the justices asked
Does the federal remedy apply to private entities performing government functions?
How does the legal theory affect the available damages?
Official sources for this section
- Official Supreme Court Transcript — file page 56, lines 19-23 — Transcript, file page 56, lines 19-23
Why it matters
This dispute defines the scope of federal accountability. It determines whether private firms face direct legal liability for constitutional harms. The outcome shapes inmate rights and private sector obligations.
Official sources for this section
- Official Supreme Court Transcript — file page 19, lines 17-35 — Transcript, file page 19, lines 17-35
- Official Supreme Court Transcript — file page 27, lines 41-41 — Transcript, file page 27, lines 41-41
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 49, lines 39-58 — Transcript, file page 49, lines 39-58
- Official Supreme Court Transcript — file page 53, lines 17-11 — Transcript, file page 53, lines 17-11
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 56, lines 19-23 — Transcript, file page 56, lines 19-23
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 19, lines 17-35 — Transcript, file page 19, lines 17-35
- Official Supreme Court Transcript — file page 27, lines 41-41 — Transcript, file page 27, lines 41-41
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 49, lines 39-58 — Transcript, file page 49, lines 39-58
- Official Supreme Court Transcript — file page 53, lines 17-11 — Transcript, file page 53, lines 17-11
- Official Supreme Court Transcript — file page 19, lines 17-35 — Transcript, file page 19, lines 17-35
- Official Supreme Court Transcript — file page 27, lines 41-41 — Transcript, file page 27, lines 41-41
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 49, lines 39-58 — Transcript, file page 49, lines 39-58
- Official Supreme Court Transcript — file page 53, lines 17-11 — Transcript, file page 53, lines 17-11
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.