

2010—Over the dissent of nine judges, the Ninth Circuit denies en banc review of a panel ruling (in Pollard v. GEO Group) that holds that a prisoner may pursue a Bivens claim for damages against private-company prison guards even though state tort law provides damages remedies. Just over a year later, the Supreme Court, in an opinion by Justice Stephen Breyer (in Minneci v. Pollard), will reverse the Ninth Circuit by a vote of 8 to 1.