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PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim

Loaded on Jan. 15, 2007 published in Prison Legal News January, 2007, page 34
Filed under: Retaliation, Retaliation for Filing Grievances, Retaliatory Transfers, Attorney Fees (PLRA), Physical Injury Rule, Damages. Location: Michigan.
PLRA's Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim

A Michigan federal district court has held that the Prison Litigation Reform Act?s (PLRA) prohibition of mental or emotional damages without physical injury is unconstitutional as applied to First Amendment Violation Claims.

A jury awarded Michigan prisoner …

 

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More from this issue:

  1. Ex-Communication: Competition and Collusion in the U.S. Prison Telephone Industry, by Steven Jackson
  2. Maryland Sentence Reduction Rule Violates Ex Post Facto Clause
  3. From the Editor, by Paul Wright
  4. Violence from Racial Tension and Overcrowding Pervades California Jails, Spreads to Prisons, by Marvin Mentor
  5. Lawsuit Filed Over Health Care at Wisconsin Women’s Prison, More Possible, by Michael Rigby
  6. Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners, by Michael Rigby
  7. 200 Dead in Brazil Prison Uprisings, Street Violence, by Gary Hunter
  8. California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired, by John Dannenberg
  9. Washington Women’s Prison Healthcare Violations Continue
  10. The Prison and Jail Industry—Who Will Run It, by Gary Hunter
  11. Washington Prisoners Must Pre-Pay for Record Inspection
  12. Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree, by John Dannenberg
  13. California Lifer Hearing Backlog Increases Despite Court Order To Catch Up, by Marvin Mentor
  14. Vienna Convention Creates Individually Enforceable Rights, by Matthew Clarke
  15. Washington Prisoner Sues Over Bogus Disciplinary Actions; State Settles for $1,500
  16. Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees
  17. $214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner
  18. PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim
  19. Illegal Strip Searches Cost MTC, New Mexico County $8.5 Million, by Michael Rigby
  20. Michigan Prisoner Assaulted By Jailers Awarded $2,000, by Michael Rigby
  21. Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional, by David Reutter
  22. Wisconsin “Boondoggled” Into Buying Broken Down New Private Prison
  23. New York Prison Worker Not Kidnapped/Raped Long Enough For Compensation, by Gary Hunter
  24. Mississippi Beating Suit Nets $348,960 — Upheld on Appeal
  25. Maryland Disciplinary Rules Violate APA
  26. 5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense, by Michael Rigby
  27. Texas Supreme Court: Non-Suit Deprives Appeals Court of Jurisdiction
  28. Virginia Guard Hazed By Coworkers Awarded $25,001, by Michael Rigby
  29. Eleventh Circuit Affirms Damage Award in Psychiatrist’s Strangling Death
  30. Fourth Circuit Holds FTCA Applies to BOP Property Claims
  31. Missouri Prison Ordered to Provide Immediate Abortion
  32. Fifth Circuit Reinstates Texas Prisoners’ Challenge to Extended Lockdown, by Michael Rigby
  33. News in Brief:
  34. Oklahoma Regulation Confiscating Money Order From Other Prisoner’s Family Upheld
  35. Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims, by Bob Williams

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