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Physical Injury Requirement Not Retroactive
Loaded on July 15, 1997
published in Prison Legal News
July, 1997, page 11
A federal district court in New York held that 42 U.S.C. § 1997e(e), a section of the PLRA which requires prisoners to sustain physical injury before they can seek money damages, is not retroactive to claims arising before the PLRA's April 26, 1996, enactment. The court also held prison officials …
Filed under:
Physical Injury Rule,
Religious Freedom Restoration Act,
Qualified Immunity,
Religious Freedom,
Denial of Religious Services.
Location:
New York.
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More from this issue:
- Edwards v. Balisok: A Partial Victory for Prisoners, by David C Fathi
- Not All Things Considered
- From the Editor, by Dan Pens
- Ruchell Cinque Magee: Sole Survivor Still, by Mumia Abu-Jamal
- Trouble Coming Every Day; ADX-The First Year, by Ray Luc Levasseur
- Prisoners Roasted Alive
- Prison Pay Policy May Violate Court Access
- Administrative Exhaustion Requirements Not Retroactive
- Automatic Stay Provisions
- PLRA Filing Fees Not Applicable to Habeas
- Filing Fees Required in Civil Mandamus
- Consent Decree Termination
- Special Masters
- 6th Circuit Upholds PLRA IFP Provisions
- PLRA Doesn't Apply to Immigration Detainees
- Physical Injury Requirement Not Retroactive
- A Matter of Fact
- New York Smoking Suit Set for Trial
- Puerto Rican POW 'Graduated' from ADX Florence to USP Marion, by Daniel Burton-Rose
- Washington Prisoner Escapes from State's Most Secure Lockup
- Private Prison Disciplinary Action Subject to Colorado Court Review
- Judge Rules Texas Prisoner's Death a Result of Excessive Force
- Prisoners of Colonialism: The Struggle for Justice in Puerto Rico, by Daniel Burton-Rose
- In Defense of Mumia, by Daniel Burton-Rose
- Death Blossoms, by Mark Cook
- Suit Seeks to Expose BOP 'Suicide' Cover-up
- Jury Trial May Require Plaintiffs' Presence
- Hygiene and Retaliation Claims Require Trial
- Lucasville Uprising: $4.1 Million Settlement
- Plight of Undertrial Prisoners in India, by Sankar Sen
- News in Brief
- State Must Pay for Prisoner Witnesses
More from these topics:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- Nebraska Lifts Suspension of Native American Religious Practices Hours Prior to Federal Court Hearing, June 1, 2026. Denial of Religious Services, Religious Practices, First Amendment, rights, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- $1 Million Settlement Reached in Jail Suicide of Maryland Detainee Whose Emergency Hospitalization Order Was Ignored, June 1, 2026. Qualified Immunity, Failure to Protect (Wrongful Death), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.

