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Protective Custody Injunction Available Remedy Absent Injury
The plaintiff alleged that he was in danger from a gang he had left and that, although he is currently in protective custody, he had been repeatedly placed in general population. He sought damages and an injunction against transfer to general population.
In the absence of physical injury, the plaintiff has no claim for damages; psychological injury is not actionable on these facts. (The court does not reach any question of the PLRA's reach.) However, the plaintiff's injunctive claim is cognizable.
The plaintiff's placement in segregation for 38 days for refusing to move to a cell area with gang members could not be dismissed under Sandin absent factual information sufficient to determine whether his treatment was atypical and significant. See: Bullock v. Barham, 23 F.Supp.2d 883 (N.D.Ill. 1998).
In the absence of physical injury, the plaintiff has no claim for damages; psychological injury is not actionable on these facts. (The court does not reach any question of the PLRA's reach.) However, the plaintiff's injunctive claim is cognizable.
The plaintiff's placement in segregation for 38 days for refusing to move to a cell area with gang members could not be dismissed under Sandin absent factual information sufficient to determine whether his treatment was atypical and significant. See: Bullock v. Barham, 23 F.Supp.2d 883 (N.D.Ill. 1998).
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Related legal case
Bullock v. Barham
| Year | 1998 |
|---|---|
| Cite | 23 F.Supp.2d 883 (N.D.Ill. 1998) |
| Level | District Court |
| Injunction Status | N/A |