The Shadow Docket Strike Again

 With all of the publicity regarding the U.S. Supreme Court decisions coming out at the end of the Term, Goldey v. Fields (No. 24–809, decided June 30, 2025) decided this morning (Monday) may have been missed.  That is because it was decided on the Shadow Docket.  It was resolve in an unsigned per curiam decision without a written dissent. 

Essentially, the opinion reduced the jurisdiction of the federal courts to hear cases in which people incarcerated can successfully sue individual federal correctional officers for damages under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971).  

Of course there are other remedies available to the victim, including injunctive relief and causes of action under state laws.  But this makes Bivens actions unavailable in cases for assault of prisoners by correctional officers.