Liebelson v. Cook

The Supreme Court has long recognized that “a damages remedy is a vital component of any scheme for violating cherished constitutional guarantees” because the potential for monetary loss deters official misconduct.

But the federal government is now arguing that when federal prison staff violate a prisoners’ constitutional rights, the prisoner should not be allowed to sue for monetary compensation.

In our amicus brief in Liebelson v. Cook, we argued in the Fourth Circuit that the potential for monetary damages provides an valuable check against abuse of power in federal prisons—and that such accountability is critical to humane conditions.

Ultimately, however, the court resolved the case without deciding on the availability of monetary compensation for violations of federal prisoners’ constitutional rights.