Correctional Services Corp. v. Malesko, 534 U.S. 61, 5 (2001)

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Cite as: 534 U. S. 61 (2001)

Opinion of the Court

[respondent] the use of the elevator." App. 12. It further alleged that respondent injured his left ear and aggravated a pre-existing condition "[a]s a result of the negligence of the Defendants." Ibid. Respondent demanded judgment in the sum of $1 million in compensatory damages, $3 million in anticipated future damages, and punitive damages "for such sum as the Court and/or [j]ury may determine." Id., at 13.

The District Court treated the amended complaint as raising claims under Bivens v. Six Unknown Fed. Narcotics Agents, supra, and dismissed respondent's cause of action in its entirety. App. to Pet. for Cert. 20a. Relying on our decision in FDIC v. Meyer, 510 U. S. 471 (1994), the District Court reasoned that "a Bivens action may only be maintained against an individual," and thus was not available against CSC, a corporate entity. App. to Pet. for Cert. 20a. With respect to Urena and the unnamed individual defendants, the complaint was dismissed on statute of limitations grounds.

The Court of Appeals for the Second Circuit affirmed in part, reversed in part, and remanded. 229 F. 3d 374 (2000). That court affirmed dismissal of respondent's claims against individual defendants as barred by the statute of limitations. Respondent has not challenged that ruling, and the parties agree that the question whether a Bivens action might lie against a private individual is not presented here. With respect to CSC, the Court of Appeals remarked that Meyer expressly declined " 'to expand the category of defendants against whom Bivens-type actions may be brought to include not only federal agents, but federal agencies as well.' " 229 F. 3d, at 378 (quoting Meyer, supra, at 484 (emphasis deleted)). But the court reasoned that private entities like CSC should be held liable under Bivens to "accomplish the . . . important Bivens goal of providing a remedy for constitutional violations." 229 F. 3d, at 380.


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