Francis Nielsen v. Kekai Watanabe

The Supreme Court agreed to hear a challenge to a Ninth Circuit decision recognizing a Bivens claim (a court-created damages claim against federal officials). The justices will decide whether that claim lets a federal prisoner seek money damages from prison officials here or instead expands Bivens too far.

The Court has granted certiorari (agreed to hear the case), but oral argument has not been scheduled. The question is whether the Ninth Circuit recognized a Bivens claim in a setting where courts should hesitate to extend that remedy.

The answer could affect whether federal prisoners may seek money damages from prison officials in similar cases. For example, it matters to inmates seeking compensation and to officers who could face personal lawsuits.

The Court will decide whether the Ninth Circuit wrongly let a federal prisoner seek money damages from prison officials under a Bivens claim.

It matters to federal inmates seeking damages from prison staff and to individual officers who could face personal liability suits.

Oral argument has not been scheduled. Watch for a scheduling order or argument date, because no decision window is available yet.