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Dismissal for Failure to Allege Physical Injury Improper

Loaded on May 15, 2003 published in Prison Legal News May, 2003, page 27
Filed under: Civil Procedure, Damages, Complaints. Location: New York.
Dismissal for Failure to Allege
Physical Injury Improper


The Second Circuit Court of Appeals held that dismissal under42 U.S.C. § 1997e(e) for failure to allege physical injury was improper where a prisoner's complaint requests injunctive and/or declaratory relief and the pleadings do not reveal the nature of damages sought.


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