Paul, Weiss Obtains Favorable Settlement for Pro Bono Client in Bivens Suit

Paul, Weiss achieved a favorable monetary settlement for a former prisoner in a privately owned prison that operated under contract with the United States government. Our client initiated a pro se lawsuit in the Eastern District of New York in 2010 against several prison officials, alleging that the officials had retaliated against him for filing administrative grievances arising out of the still-unsolved disappearance of his commissary account money. Paul, Weiss filed an amended complaint, asserting Bivens claims based on violations of our client's First and Fifth Amendment rights. The prison officials moved to dismiss the claims on the ground that, as employees of a private corporation, they could not be sued under Bivens. In March 2013, the District Court, in one of the only decisions to address whether private employees may be subject to Bivens liability, denied the motion and allowed the case to proceed to discovery, holding that the officials' private-employee status did not insulate them from Bivens liability. Earlier this month, on the eve of their depositions, the prison officials offered to settle the matter for significantly more than they had offered when Paul, Weiss undertook our client's representation.

The Paul, Weiss team included litigation partner Michele Hirshman and associates Gregory Laufer and Jonanthan Fayer.