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United States Tenth Circuit


Peoples v. CCA Detention Ctrs., 04-3071 & 04-3124

Upon rehearing en banc, judgments denying relief in two actions brought alleging that plaintiff's constitutional rights were violated during his pretrial detention at a privately run prison under contract with the U.S. Marshals Service are reversed in part as to a judgment finding a lack of jurisdiction over the claims, and affirmed by a divided court as to a judgment addressing the question of whether a Bivens action is available against employees of a privately-operated prison.

Appellate Information

  • Decided 05/18/2006
  • Published 05/18/2006

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.
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