Richardson v. McKnight, 521 U.S. 399, 3 (1997)

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Cite as: 521 U. S. 399 (1997)

Opinion of the Court

senting opinion, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined, post, p. 414.

Charles R. Ray argued the cause for petitioners. With him on the briefs was Robert S. Catz.

David C. Vladeck argued the cause for respondent. With him on the brief were Michael E. Tankersley and Alan B. Morrison.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging affirmance. On the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Waxman, Deputy Assistant Attorney General Preston, Cornelia T. L. Pillard, Barbara L. Herwig, and John F. Daly.*

Justice Breyer delivered the opinion of the Court. The issue before us is whether prison guards who are employees of a private prison management firm are entitled to a qualified immunity from suit by prisoners charging a violation of 42 U. S. C. § 1983. We hold that they are not.

I

Ronnie Lee McKnight, a prisoner at Tennessee's South Central Correctional Center (SCCC), brought this federal constitutional tort action against two prison guards, Darryl Richardson and John Walker. He says the guards injured him by placing upon him extremely tight physical restraints, thereby unlawfully "subject[ing]" him "to the deprivation of" a right "secured by the Constitution" of the United States. Rev. Stat. § 1979, 42 U. S. C. § 1983. Richardson

*Richard Ruda and James I. Crowley filed a brief for the International City/County Management Association et al. as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Penny M. Venetis and Steven R. Shapiro; and for the American Federation of Government Employees, AFL-CIO, by Mark D. Roth and Anne M. Wagner.

401

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