In Carlson v. Green, 446 U.S. 14 (1980), this Court recognized a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), for a claim that federal prison staff had violated the Eighth Amendment through deliberate indifference to a prisoner's (ultimately fatal) asthmatic attack. The question presented is whether Carlson permits an inmate's claim that prison staff at a pretrial detention center violated the Fifth and Eighth Amendments through deliberate indifference to an inmate's chronic pain after a surgery.

Whether a Bivens claim can be brought for deliberate indifference to an inmate's chronic pain at a pretrial detention center under the Fifth and Eighth Amendments