No Immunity for Private Prison Workers, Says Supreme Court

In a decision that could hamper efforts to privatize prisons, the Supreme Court ruled 5-to-4 on June 23 that workers at privately run prisons do not enjoy the same legal protection as those at state-run facilities.

COs in the public sector are protected from inmate lawsuits that arise as the result of performing their lawful duties. Called "qualified immunity," this protection is critical for officers, and for all government workers.

The ruling puts Tennessee, which is currently considering privatizing its entire prison system, in the spotlight. Jurisdictions around the country are keeping a close eye on how this decision plays out there.

Most industry analysts agree that the ruling will increase the cost of prison privatization.

Private firms now carry liability insurance. The court’s ruling will likely lead to increases in the cost and level of such insurance. Also, the knowledge that private prison employees are not entitled to immunity may spur more prisoners to file lawsuits — and lead to fewer of those suits being dismissed.

Sources: "Immunity from Suits Is Withheld for Guards in Privately Run Jails," New York Times, June 24; "Private-Prison Guards Remain Prey to Lawsuits," The (Memphis, Tenn.) Commercial Appeal, June 24.