In the case of Carlson, Director, Federal Bureau of Prisons, et al. v. Green, Administratrix (1979), the U.S Supreme Court ruled that a federal prisoner's estate could sue prison officials for damages under Bivens v. Six Unknown Named Agents if it was alleged that they had violated his Eighth Amendment rights by showing deliberate indifference to his serious medical needs. The plaintiff in this case was Joseph Jones Jr., who died while serving time at Terre Haute Federal Penitentiary due to complications from asthma and heart disease which were allegedly not properly treated by prison staff despite repeated requests for help. His mother filed suit against Norman A Carlson and other officials on behalf of her son's estate claiming violation of constitutional rights leading to wrongful death.

In the dissenting opinion for Carlson v. Green, Justice Rehnquist argued that Bivens actions should not be extended to cases where federal prisoners allege constitutional violations by prison officials. He believed that Congress had already provided a comprehensive scheme for prisoner grievances through the Federal Tort Claims Act (FTCA), and it was inappropriate for courts to create additional remedies in this context. Furthermore, he contended that allowing such claims could potentially disrupt prison discipline and administration as well as flood the courts with frivolous lawsuits from inmates seeking monetary damages. Lastly, he expressed concern about holding individual officers personally liable when they were acting within their official capacities under complex and often ambiguous regulations.