Challenge to Place of Confinement Must Be Brought Under Bivens

U.S. v. Garcia, --- F.3d ----, 2006 WL 3617652 (10th Cir. December 13, 2006)

A legal motion to change place of confinement is properly construed as a challenge to the conditions of confinement and must be brought as a civil Bivens claim, and not as a motion filed as part of the criminal case which led to the confinement.