Richardson v. McKnight: Barring Qualified Immunity from 42 U.S.C. § 1983 for Private Jailers

Abstract

In recent years, the dichotomy between the public and private sectors has blurred, or perhaps collapsed entirely. Reflecting this trend, state governments frequently contract with private prison facilities to help absorb the alarming increases in prison populations. In analyzing qualified immunity questions, the Supreme Court has never strictly relied upon public or private status distinctions in determining whether to grant qualified immunity from 42 U.S.C. § 1983 ("§ 1983") actions; the Court's functional approach demonstrates its hesitance to look only upon an employee's status in analyzing immunity questions. However, the modem explosion of privatized governmental services, particularly privatized prisons, complicates the Court's functional approach to qualified immunity.

In light of these concerns, the Supreme Court recently adjudicated Richardson v. McKnight. In Richardson, a prisoner brought suit against private prison guards under § 1983. The prisoner alleged violation of his constitutional rights because the guards had placed him in excessively tight restraints. However, the Court declined to extend qualified immunity to the private guards in light of historical precedent denying immunity to private jailers and marketplace pressures that distinguished private prison guards from their state counterparts.