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PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
Loaded on Sept. 15, 1999
published in Prison Legal News
September, 1999, page 27
The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo.
Filed under:
Medical,
HIV/AIDS,
Medication,
Eighth Amendment,
Exercise,
Clothing,
Physical Injury Rule.
Location:
Kansas.
Darren Eugene Perkins, an HIV-positive Kansas state prisoner, filed suit under 42 U.S.C. § 1983, alleging that …
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More from this issue:
- Wreaking Medical Mayhem in Washington Prisons, by Tara Herivel
- A Foul Trend Emerges, by Tara Herivel
- Is Health Care Too Much to Ask For?, by Silja JA Talvi
- Ex-Prisoner Gets $850,000 for Broken Neck
- Arkansas Department of Corruption Revealed
- County Jail Political Shenanigans, Corruption Revealed
- From the Editor, by Dan Pens
- Crime and Punishment in America, by Elliot Currie (Review), by H Bruce Franklin
- The Way the Wind Blew: A History of the Weather Underground, by Ron Jacobs (Review), by Paul Wright
- Texas Prison Warehouses (Letter), by DG "Tex" Hoffman
- Beaten Connecticut Jail Detainee Awarded $2.07 Million
- Missouri Proposes $2.2 Million Settlement
- New Mexico Riot Rooted in Religious Rights
- Rikers Island Detainee Shot
- Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures
- Prison Realty Board Member Settles Ethics Complaints
- West Virginia DOC Commissioner Resigns After Beating Wife
- Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack
- Texas Jail Whistleblower Awarded $3.3 Million
- Washington 35% Spousal Suit Update
- Arizona DOC Settles Kosher Diet Suit
- US Supreme Court Holds Media Ride-Alongs Unconstitutional
- Transsexual Awarded $755,000 in Jail Strip Search
- PLRA Physical Injury Requirement Constitutional, by James Quigley
- Tobacco Smoke Exposure Requires Trial
- DC Circuit Lifts Injunction on BOP Porn Ban
- De Novo Review for § 1915A Dismissals
- Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
- Three Strikes Upheld by Ninth Circuit
- Administrative Exhaustion Required in all Cases
- State Court Dismissals Don't Count as Strikes
- Automatic Stay Provision Unconstitutional
- Total Administrative Exhaustion Not Required
- No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
- No Written Screening or Administrative Exhaustion Required
- Physical Injury Requirement Doesn't Apply to Court Access Claims
- Fact Issue of Physical Injury Precludes Summary Judgment, by Ronald Young
- Wright Dismissed on Remand
- Private Prison Denied Wiretap Exception
- No Court Access Right to Litigate Civil Forfeiture
- Prisoners Have First Amendment Right to Private Conversations with Their Attorneys
- Liberty Interest in Erroneous Parole Release, by Ronald Young
- Prisoner Suing Prison Physician for Deliberate Indifference
- Prisoner Can Attend His Civil Trial at Government Expense
- Stun Belts in Court Unconstitutional
- Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2)
- Lack of Standing Eviscerates Court Access Class Action
- News in Brief
- PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
- Denial of Exercise Is "Atypical and Significant"
More from these topics:
- 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.
- 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.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Court Partially Enjoins Enforcement of Georgia’s S.B. 185 Prohibiting Gender-Affirming Health Care in DOC, June 1, 2026. Medication, Failure to Treat, Injunctions, Transgender Medical Procedures, Cruel and Unusual Punishment.

