United States Tenth Circuit

Federal prisoners have no right of action for damages against an employee of a privately operated prison under contract with the United States Marshals Service when state or federal law affords the prisoner an alternative cause of action for damages for the alleged injury.

Appellate Information

• Decided 09/08/2005
• Published 09/08/2005

Judges

• PER CURIAM., Before TACHA, Chief Circuit Judge, BALDOCK and EBEL, Senior Circuit Judges, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Cornelius E. Peoples, pro se, in 04-3124., Amanda H. Frost, (Brian Wolfman, with her on the briefs), Public Citizen Litigation Group, Washington, D.C., for Plaintiff-Appellant in No. 04-3071.


• For Appellees:
  
• Michael P. Crow (Martha Burnett Crow, with him on the briefs), Crow, Clothier & Bates, Leavenworth, Kansas, for Defendants-Appellees in Nos. 04-3071 & 04-3124.