In the 1971 Bivens case, the Supreme Court created a cause of action for constitutional violations by government actors.  Does that cause of action apply to the guards employed by a privately operated prison who have no immunity from ordinary tort remedies?  The Ninth Circuit today denied rehearing en banc to a decision saying yes.  Judge Bea dissents, joined by seven others.  He says this creates a split with the Fourth and Eleventh Circuits.

Next stop, 1 First Street, NE.