Legal Opinion

Alba v. Montford

Court of Appeals for the Eleventh Circuit

Decided February 22, 2008No. 06-14508PublishedCited by 617 opinions

1Opinion of the Court

COX, Circuit Judge:

This appeal presents the narrow question of whether a federal prisoner incarcerated in a privately operated prison may pursue a Bivens action against employees of the private prison for allegedly violating his Eighth Amendment right to medical treatment. The district court held that he cannot. We affirm.

I. Background

Luis Francisco Alba, a federal prisoner, filed a pro se civil rights complaint while incarcerated at the McRae Correctional Facility in McRae, Georgia. McRae is a private facility owned and operated by Corrections Corporation of America (“CCA”). CCA operates the…

2Cases cited11 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  3. Davis v. PassmanSupreme Court of the United States · 1979
  4. Carlson v. GreenSupreme Court of the United States · 1980
  5. Correctional Services Corp. v. MaleskoSupreme Court of the United States · 2001

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3Cited by617 opinions

  1. Allan Campbell v. Air Jamaica LTDCourt of Appeals for the Eleventh Circuit · 2014
  2. Douglas v. YatesCourt of Appeals for the Eleventh Circuit · 2008
  3. Minneci v. PollardSupreme Court of the United States · 2012
  4. Tonya Weinberg Gilmore v. Pam HodgesCourt of Appeals for the Eleventh Circuit · 2013
  5. Mark Daniel Gross v. Sheriff Bob WhiteCourt of Appeals for the Eleventh Circuit · 2009

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