No. 25A208
Francis Nielsen v. Kekai Watanabe
Tags: alternative-remedies bivens-action eighth-amendment federal-detention medical-treatment prisoner-rights
Latest Conference:
N/A
Question Presented (from Petition)
Whether the Ninth Circuit correctly applied the first step of the Egbert v. Boule test by holding that a case involving a federal detention center's response to a prisoner's non-life-threatening back injury presents no "new Bivens context" compared to Carlson v. Green, which involved a life-ending medical emergency, and whether alternative remedial structures such as the Bureau of Prisons' Administrative Remedy Program should be considered at the first or second step of the Egbert analysis.
Question Presented (AI Summary)
Whether the Supreme Court should recognize a Bivens cause of action for a prisoner's medical treatment claim involving non-life-threatening injuries in a federal detention center
Docket Entries
2025-08-21
Application (25A208) granted by Justice Kagan extending the time to file until October 3, 2025.
2025-08-19
Application (25A208) to extend the time to file a petition for a writ of certiorari from September 3, 2025 to October 3, 2025, submitted to Justice Kagan.
Attorneys
Francis Nielsen
Jeffrey Alan Lamken — MoloLamken LLP, Petitioner