No. 24-1170

LaQuan Stederick Johnson v. Elaine Terry, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-05-15
Status: Denied
Type: Paid
Response Waived
Tags: administrative-remedy bivens-remedy constitutional-rights federal-courts prison-officials special-factors
Key Terms:
SocialSecurity DueProcess FifthAmendment FourthAmendment Punishment
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Does the existence of the BOP's Administrative Remedy Program foreclose a Bivens action where prison officials prevent the inmate from accessing that program, or does barring a prisoner from accessing that alternative remedy allow a prisoner to pursue a Bivens claim?

Question Presented (OCR Extract)

An individual may be entitled to pursue a Bivens remedy against a federal official who violated his constitutional rights, unless there are special factors indicating that such a remedy would interfere with the authority of other branches of government . Egbert v. Boule , 596 U.S. 482, 492 (2022) . Where a prisoner has “full access to remedial mechanisms established by the [Bureau of Prisons], including suits in federal court for injunctive relief and grievances filed through the BOP’s Administrative Remedy Program ,” the special -factors test is satisfied , foreclosing a Bivens remedy. Corr. Servs. Corp. v. Malesko , 534 U.S. 61, 74 (2001). But where a plaintiff “lack[s] any alternative remedy for harms caused by an individual officer’s unconstitutional conduct,” a Bivens remedy is appropriate. Id. at 70. Here, the Eleventh Circuit held that the mere existence of the BOP’s Administrative Remedy Program satisfied the special -factors test, even though “plaintiff himself was denied access” to that program. App. 37. The question presented is Does the existence of the BOP’s Administrative Remedy Program foreclose a Bivens action where prison officials prevent the inmate from accessing that program, as the Eleventh Circuit held below , or does barring a prisoner from accessing that alternative remedy allow a prisoner to pursue a Bivens claim, as the Fourth Circuit held in Fields v. Fed eral Bureau of Prisons, 109 F.4th 264 (4th Cir. 2024) ?

Docket Entries

2025-10-06
Petition DENIED.
2025-06-25
DISTRIBUTED for Conference of 9/29/2025.
2025-06-16
Waiver of Federal Respondents of right to respond submitted.
2025-06-16
Waiver of right of respondent Federal Respondents to respond filed.
2025-05-13
Petition for a writ of certiorari filed. (Response due June 16, 2025)

Attorneys

Federal Respondents
Moez Mansoor KabaHueston Hennigan LLP, Respondent
LaQuan Johnson
Amy Rebekah UpshawKing & Spalding LLP, Petitioner
Terry, Elaine, et al.
D. John SauerSolicitor General, Respondent