Holding Federal Prison Officials Accountable: The Case for Recognizing a Damages Remedy for Federal Prisoners’ Free Exercise Claims

Authors

Nicole B. Godfrey, University of Denver Sturm College of LawFollow

Abstract

I. Introduction

II. Development of Damages Remedy Against Government Officials for Constitutional Violations ... A. Damages Against State and Local Officials Under 42 U.S.C. § 1983 ... B. Damages Against Federal Officials Under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics ... C. The Future of Bivens

III. Extending Bivens to Free Exercise Claims Brought by Federal Prisoners ... A. Is a Bivens Remedy for Free Exercise Claims Truly an Extension of Bivens? … B. Do Special Factors Exist That Would Counsel Hesitation in Expanding the Availability of a Bivens Remedy for Free Exercise Claims Brought by Federal Prisoners? ... C. Has Congress Created an Adequate Alternative Remedy to Address the Violation of Federal Prisoners’ Free Exercise Rights?

IV. Importance of a Damages Remedy for Substantial Burdens on the Free Exercise of Religion in Prisons ... A. The Stanford Prison Experiment and the “Lucifer Effect”: How Prisons Create an Environment Ripe for Abuse ... B. The Importance of Religious Rights in Prison ... C. The Historical Purpose of Punitive Damages

V. Conclusion

Recommended Citation

Nicole B. Godfrey, Holding Federal Prison Officials Accountable: The Case for Recognizing a Damages Remedy for Federal Prisoners’ Free Exercise Claims, 96 Neb. L. Rev. 924 (2017)
Available at: https://digitalcommons.unl.edu/nlr/vol96/iss4/5