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Physical Injury Requirement Not Retroactive

Loaded on April 15, 1999 published in Prison Legal News April, 1999, page 9
Filed under: Threats by Staff, PLRA, Physical Injury Rule. Location: California.
The court of appeals for the Ninth circuit held that 42 U.S.C. § 1997e(e) does not apply retroactively to suits filed before the Prison Litigation Reform Act's April 26, 1996, enactment. Byron Swan, a California state prisoner, filed suit in 1994 claiming a guard had announced over a loudspeaker that ...

 

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More from this issue:

  1. The Mental Torture of American Prisoners: Cheaper Than Lab Rats, Part 2, by Hans Sherrer
  2. Medical Care Unconstitutional in Puerto Rico Prisons
  3. From the Editor, by Paul Wright
  4. PLN Sues Michigan DOC over Censorship of The Celling of America
  5. Michigan Department of Corrections Fined $300,000 in Contempt Case
  6. Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
  7. Jailhouse Journalism: The Fourth Estate Behind Bars by James McGrath (Book Review), by Paul Wright
  8. Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review), by Alex Friedmann
  9. PLRA Exhaustion Requirement Not Retroactive
  10. PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit
  11. Eighth Circuit Upholds, Defines IFP Provisions
  12. IFP Application Not Required When Suit Filed
  13. Physical Injury Requirement Not Retroactive
  14. No Leave to Amend Complaint for IFP Litigants
  15. PLRA Doesn't Ban Class Actions
  16. Trouble in Mind: ADX – The Fourth Year, by Ray Luc Levasseur
  17. Daring Death Row Escape Shakes up Texas
  18. Oregon "Predatory Sex Offender" Label Requires Notice and Hearing
  19. De Facto Ban on Live Testimony Unconstitutional
  20. South Carolina Parole Elimination Violates Ex Post Facto
  21. Illegal Detention Violates Substantive Due Process
  22. Jury Awards $8,000 in California Prison Assault
  23. New York Prisoners Have Right to Staff Assistance and Witness Testimony
  24. Seventh Circuit Defines Court Access Claims Involving Property
  25. Failure to Give Summary Judgement Notice is Reversible Error
  26. Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners
  27. No Appeal Allowed in Louisiana Consent Decree Dissolution
  28. U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence
  29. Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection
  30. $45,000 Award in BOP Tort Claim Medical Neglect Suit
  31. Released Sex Offender Not "In Custody" for Habeas
  32. New York Jail Brutality Suit Settled for $3,500
  33. Timothy "Little Rock" Reed Released on Parole
  34. $1,500 in Disabled Prisoner Work Suit
  35. $355,000 Verdict in New York Asthma Death
  36. Mauro Vacated for Rehearing
  37. Parole Change May Violate Ex Post Facto; Change Can Be Challenged Via § 1983
  38. BOP Violent Offender Notification Policy Overinclusive
  39. Twenty-Four Hour Notice of Disciplinary Charges Required
  40. Seizure of Trust Account Interest Violates Takings Clause
  41. Denial of Handicapped Jail Facilities Set for Trial
  42. News in Brief
  43. Cane Seizure Can Violate Eighth Amendment
  44. $250,000 FTCA Beating Judgment Reversed

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