1. Do you agree with the outcome of this case (at the Supreme Court level) and why or why not?
2. Should Malesko have been able to bring suit under the facts of the case? What if the guards had treated him "properly" and he still had been injured?
3. Why is it so much harder to bring suit against employees of the government than other kinds of employees? For example, what would have happened if the guard who made Malesko walk up the stairs had not worked for the prison but had been employed by an outside security agency?