As the Fresno Bee, 11/1/11 reports, the Supreme Court heard argument yesterday in a Fresno federal court case involving the issue whether federal inmates at privately-run Taft prison have a "Bivens" right to sue the prison in federal court for constitutional violations. Judge Wanger ruled no, and dismissed the suit. The Ninth Circuit held yes, and reversed. Most commentators think the Supreme Court will reverse and uphold the dismissal of the federal lawsuit. See Scotusblog Case Summary. Transcript of yesterday's argument available here.
Coincidentally, I once was rear-ended by a Taft prison guard while waiting for a stop light en route to visit a Taft client many years ago and had to confront a similar question whether any action over the accident would be in federal court or state court. But I settled with the insurance company before filing any suit.