op. 8177, [607 F.3d at 602], the following sentence < Unfortunately, under the current Bivens regime, asymmetries will remain irrespective of whether we recognize or deny a Bivens cause of action here.> is amended to read: < Unfortunately, under the current Bivens regime, asymmetries may remain irrespective of whether we recognize or deny a Bivens cause of action here.> 3. At slip op. 8177, [607 F.3d at 602], the paragraph beginning < Unlike officers employed ... > is amended to read: < Unlike officers employed by public prisons, the GEO employees may not be entitled to qualified immunity, and as a result, prisoners asserting claims against them may be able to recover more often than their counterparts in governmentally run prisons. Compare Richardson, 521 U.S. at 401, 117 S.Ct. 2100 (<HOLDING>), with Butz v. Economou, 438 U.S. 478, 501, 98
holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted holding officials are entitled to qualified immunity for reasonable mistakes of law holding that employees of privately operated state prisons are not entitled to qualified immunity holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity holding that defendants are not entitled to qualified immunity