Richardson v. McKnight

521 U.S. 399, 117 S. Ct. 2100, 138 L. Ed. 2d 540, 1997 U.S. LEXIS 3866
Supreme Court of the United States·Decided June 23, 1997·No. 96-318·Published·Cited by 441 cases

Opinions

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.

r — 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 [402]*402and Walker asserted a qualified immunity from § 1983 lawsuits, see Harlow v. Fitzgerald, 457 U. S. 800, 807 (1982), and moved to dismiss the action. The District Court noted that Tennessee had “privatized” the management of a number of its correctional facilities, and that consequently a private firm, not the state government, employed the guards. See Tenn. Code Ann. § 41-24-101 et seq, (1990 and Supp. 1996); see generally Cody & Bennett, The Privatization of Correctional Institutions: The Tennessee Experience, 40 Vand. L. Rev. 829 (1987) (outlining State’s history with private correctional services). The court held that, because they worked for a private company rather than the government, the law did not grant the guards immunity from suit. It therefore denied the guards’ motion to dismiss. The guards appealed to the Sixth Circuit. See Mitchell v. Forsyth, 472 U. S. 511, 530 (1985) (permitting interlocutory appeals of qualified immunity determinations); see also Johnson v. Jones, 515 U. S. 304 (1995); Behrens v. Pelletier, 516 U. S. 299 (1996). That court also ruled against them. McKnight v. Rees, 88 F. 3d 417, 425 (CA6 1996). The Court of Appeals conceded that other courts had reached varying conclusions about whether, or the extent to which, private sector defendants are entitled to immunities of the sort the law provides governmental defendants. See, e. g., Eagon v. Elk City, 72 F. 3d 1480, 1489-1490 (CA10 1996); Williams v. O’Leary, 55 F. 3d 320, 323-324 (CA7), cert. denied, 516 U. S. 993 (1995); Frazier v. Bailey, 957 F. 2d 920, 928-929 (CA1 1992). But the court concluded, primarily for reasons of “public policy,” that the privately employed prison guards were not entitled to the immunity provided their governmental counterparts. 88 F. 3d, at 425. We granted certiorari to review this holding. We now affirm.

II

A

We take the Court’s recent case, Wyatt v. Cole, 504 U. S. 158 (1992), as pertinent authority. The Court there considered whether private defendants, charged with § 1983 liabil[403]*403ity for “invoking state replevin, garnishment, and attachment statutes” later declared unconstitutional were “entitled to qualified immunity from suit.” Id., at 159. It held that they were not. Id., at 169. We find four aspects of Wyatt relevant here.

First, as Wyatt noted, § 1983 basically seeks “to deter state áctors from using the badge of their authority to deprive individuals of their federally guaranteed rights” and to provide related relief. Id., at 161 (emphasis added) (citing Carey v. Piphus, 435 U. S. 247, 254-257 (1978)); see also Owen v. Independence, 445 U. S. 622, 654 (1980). It imposes liability only where a person acts “under color” of a state “statute, ordinance, regulation, custom, or usage.” 42 U. S. C. § 1983. Nonetheless, Wyatt reaffirmed that § 1983 can sometimes impose liability upon a private individual. 504 U. S., at 162; see also Lugar v. Edmondson Oil Co., 457 U. S. 922, 924 (1982).

Second, Wyatt reiterated that after Harlow, supra, and this Court’s reformulation of the qualified immunity doctrine, see Anderson v. Creighton, 483 U. S. 635, 645 (1987), a distinction exists between an “immunity from suit” and other kinds of legal defenses. 504 U. S., at 166-167; see also Mitchell, supra, at 526. As the Wyatt concurrence pointed out, a legal defense may well involve “the essence of the wrong,” while an immunity frees one who enjoys it from a lawsuit whether or not he acted wrongly. 504 U. S., at 171—172 (Kennedy, J., concurring).

Third, Wyatt specified the legal source of § 1983 immunities. It pointed out that although § 1983 “ ‘creates a species of tort liability that on its face admits of no immunities,’ ” id., at 163 (quoting Imbler v. Pachtman, 424 U. S. 409, 417 (1976)), this Court has nonetheless accorded immunity where a

“ ‘tradition of immunity was so firmly rooted in the common law and was supported by such strong policy reasons that “Congress would have specifically so provided had it wished to abolish the doctrine.” ’ ” 504 U. S., at 164 (quoting Owen v. Independence, supra, at 637).

[404]*404The Wyatt majority, in deciding whether or not the private defendants enjoyed immunity, looked both to history and to “the special policy concerns involved in suing government officials.” 504 U. S., at 167; see also Mitchell, supra, at 526; Harlow, supra, at 807; Imbler v. Pachtman, supra, at 424. And in this respect — the relevant sources of the law — both the Wyatt concurrence, and the dissent seemed to agree. Compare 504 U. S., at 169-171 (Kennedy, J., concurring) (existence of immunity depends upon “historical origins” and “public policy”), with id., at 175-176 (Rehnquist, C. J., dissenting) (“immunity” recognized where “similarly situated defendant would have enjoyed an immunity at common law” or “when important public policy concerns suggest the need for an immunity”).

Fourth, Wyatt did not consider its answer to the question before it as one applicable to all private individuals — irrespective of the nature of their relation to the government, position, or the kind of liability at issue. Rather, Wyatt explicitly limited its holding to what it called a “narrow” question about “private persons . . . who conspire with state officials,” id.,

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Richardson v. McKnight, 521 U.S. 399, 117 S. Ct. 2100, 138 L. Ed. 2d 540, 1997 U.S. LEXIS 3866 (1997).

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