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Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
Loaded on Aug. 15, 1999
published in Prison Legal News
August, 1999, page 13
The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury.
Filed under:
Eighth Amendment,
Asbestos,
PLRA,
Physical Injury Rule,
Damages.
Location:
Pennsylvania.
This case began in 1986, a decade before the …
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More from this issue:
- "Victims' Rights" as a Stalkinghorse for State Repression, by Paul Wright
- No Equal Justice: Race and Class in the American Criminal Justice System, by David Cole (Review), by Alex Friedmann
- From the Editor, by Paul Wright
- PLN Sues Alabama DOC Over Gift Subscription Ban
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Prison-Industrial Complex Conferences Are Spreading the Word, by Hans Sherrer
- Kentucky Jail Settles Strip Search Suit for $11.5 Million
- Washington 35% Law Struck Down by State Court
- Washington Legislature Amends 35% Law, Again, by Paul Wright
- Washington DOC Illegally Penalizes Indigents
- Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates
- FCC Requires Rate Disclosure for Prison Phones
- Kentucky Utilities Commission Reduces Prison and Jail Phone Rates
- Warden Used "Force" in Sexual Assault
- Private Prison Operators Enter Medical Care Market, by Alex Friedmann
- Jury Awards Beaten Texas Prisoner $250,000
- Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
- CCA Settles Youngstown Suit for $2.48 Million
- Attorney Fees Must Be Expressly Reserved
- PLN Sues Utah Jail over "Bulk Mail" Ban
- First Amendment Guarantees Kosher Meals
- Frivolous Qualified Immunity Appeals Warrant Sanctions
- Individual Capacity Claims Not Applicable to RA and ADA
- Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters
- No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners
- No Liberty Interest in Illinois Parole Laws
- BOP Erred in Denying Early Release Eligibility
- Denial of Pain Medication Violates Eighth Amendment
- Motive Question Precludes Summary Judgment in Medical Suit
- Tarrant County Jail's Christian Education Unit May Violate Texas and Federal Establishment Clauses
- Iowa Ban on Tapes with Parental Warning Upheld, by Paul Wright
- AA Probation Requirement Continues to Violate Establishment Clause
- Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit
- California Guard Union Doles Out Millions to Politicians
- PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits
- Costs Imposed Regardless of Ability to Pay
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- PLRA Doesn't Require Notice of Claim for Exhaustion
- Contaminated Water Claim Not Barred by PLRA Physical Injury Rule
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More from these topics:
- 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.
- 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.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- 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.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.

