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Eleventh Circuit Holds Failure to Prove Physical Injury Accompanies Emotional Injury is Affirmative Defense
Loaded on July 15, 2011
by David Reutter
By David M. Reutter
Filed under:
Misconduct/Corruption,
Threats by Staff,
Retaliation for Filing Grievances,
Physical Injury Rule.
Location:
Florida.
The Eleventh Circuit Court of Appeals has held that 42 U.S.C. 1997e’s prohibition against a prisoner bringing a federal civil action for emotional injury without a prior showing of physical injury is an affirmative defense.
Before the Court was the appeal of Florida prisoner Lawrence W. …
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