The Supreme Court Looks to Expand Its Empire of Impunity

An upcoming case in the high court’s next term may determine whether people in federal custody can seek legal remedy for violations of their constitutional rights.

It’s one of the Supreme Court’s most palpable fears: Somewhere, somehow, a government official might one day be held personally accountable in some way for their official conduct—or, more accurately, their misconduct. A new case at the court will likely be the latest demonstration of the court’s pro-impunity mindset.

The justices agreed on Monday to hear Nielsen v. Watanabe in the upcoming term, which starts next October. The case will give the court an opportunity to further narrow what are known as Bivens claims, which allow for people to sue federal officials for damages under increasingly narrow circumstances.

The plaintiff in the case, Ketei Watanabe, was a prisoner at a federal prison in Honolulu in 2021. During that time, he was “brutally assaulted” in a “gang-related fight,” according to his brief for the justices. After the fight, he told multiple prison officials, including nurse Francis Nielsen, that he had suffered significant injuries and was in a great deal of pain.

Nielsen and other officials declined to obtain specialist treatment for Watanabe or to transport him to a local hospital for treatment. Instead, his filings said, Nielsen gave him over-the-counter pain medication. “Several months after the attack, Watanabe finally received an x-ray: It showed that he had a fractured coccyx and that bone chips had migrated to surrounding soft tissue areas,” his brief explained to the court.

Even after this diagnosis, Watanabe alleged, Nielsen and other officials refused to provide him with outside medical treatment and he did not obtain proper medical care until his release from prison three years after the initial fight. The Supreme Court has previously held that prisons have a duty to provide medical care for prisoners under the Eighth Amendment. Accordingly, Watanabe sued the officials in federal court for their alleged mistreatment.

What happens when a government official violates your constitutional rights in some way? If they are a state or local official, like a police officer in a major city, you might file a Section 1983 lawsuit in federal court for damages. That Reconstruction-era law allows people to sue state and local........

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