×
You've used up your 3 free articles for this month. Subscribe today.
Eighth Circuit: Severe Pain Caused by Actual Injury Satisfies PLRA Physical Injury Requirement
Loaded on Feb. 4, 2019
by Matthew Clarke
published in Prison Legal News
February, 2019, page 34
Filed under:
Medical Misconduct,
Criminal justice system reform,
Medical,
Pain,
Surgery,
Failure to Treat,
Failure to Protect (General),
PLRA,
Physical Injury Rule,
Excessive Force.
Locations:
Arkansas,
United States of America.
by Matt Clarke
On August 7, 2018, the Eighth Circuit Court of Appeals held the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not require a prisoner to show that deliberate indifference to his serious medical needs caused his injury in order to ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- News in Brief
- Ninth Circuit Grants Habeas Relief for Ineffective Assistance of Resentencing Counsel, by Matthew Clarke
- One in 55 Adults on Probation or Parole, Study Finds, by Rick Anderson
- Print Media and Prisoner Activism, by Stephen Wilson
- Taser Misuse at California Jail Costs County $1.15 Million, by Derek Gilna
- Baby Dies Days After Prisoner Gives Birth in Isolation Cell at Texas Jail, by Matthew Clarke
- Mississippi: More Indictments from Former DOC Commissioner Epps Corruption Scandal, by Kevin Bliss
- Tennessee: Class-Action Suit Against Private Prison Over Diabetic Care Can Proceed
- Federal Judge Orders Prison Doctor to Face Deliberate Indifference Claims, by Chad Marks
- Florida Prisoner’s Gender Dysphoria Requires Hormone Therapy, Social Transitioning Treatment
- Report Outlines Eight Ways to Shorten Excessive Prison Sentences, by Chad Marks
- $1 Million Settlement in Lawsuit Over Texas Jail Prisoner’s Death, by Matthew Clarke
- Oklahoma is Number One ... in Incarceration Rates, by Matthew Clarke
- $10 Million Award for Wrongly Jailed Philadelphia Man
- Seventh Circuit Denies Wisconsin Prisoner’s Claims Against Medical Staff, by Derek Gilna
- Protesters Rally Against Private Prison Contractor GEO Group, by David M. Reutter
- Hawaii Prison Guards’ Union Fights Policy of Denying Promotions, by Matthew Clarke
- Texas Prison System Cuts Phone Rates Over 75 Percent; Rates Drop in Other States, Too, by Matthew Clarke
- Illinois Calculates the High Costs of Recidivism, by Edward Lyon
- All Seven Arkansas Supreme Court Justices Face Ethics Charges
- Under Pressure, Some Politicians Return Private Prison Campaign Cash, by Steve Horn
- Texas Prison Air Conditioning Costs Much Lower than Expected, by Edward Lyon
- Three Wrongfully Convicted Ohio Prisoners Receive $19.5 Million, by Derek Gilna
- Illinois DOC Settles Lawsuit Filed by Deaf, Hard of Hearing Prisoners, by Derek Gilna
- Seventh Circuit Reverses $6.7 Million Indemnification Award for Milwaukee Jail Rape, by Derek Gilna
- Challenges, Secrecy Continue to Surround Use of Lethal Injection Drugs, by Chad Marks
- Virginia Jail Officials Indicted on Civil Rights Violations
- California: $1 Million Settlement in Suit Over Mentally Ill Jail Prisoner’s Suicide, by Matthew Clarke
- Virginia Jail’s Video Calling System Replaces In-Person Visits, by David Reutter
- Florida DOC Agrees to Reform Prisoner Mental Health Care
- New Trial on Causation Required in Illinois Jail Detainee’s Suicide, by David M. Reutter
- Arkansas Prisoner Prevails on Grievance Exhaustion Issue, by Edward Lyon
- Life-Sentenced Missouri Prisoner Has No Right to Release Date, by Edward Lyon
- Eighth Circuit: Severe Pain Caused by Actual Injury Satisfies PLRA Physical Injury Requirement, by Matthew Clarke
- New York City Pays $280,000 to Settle Suit after Visitor Assaulted by Jail Guards, by Edward Lyon
- $1.6 Million Settlement for Missouri Prison Guard Subjected to Sexual Harassment
- Connecticut DOC Settles Cancer Misdiagnosis Lawsuit for $1.3 Million, by Dale Chappell
- Alaska Supreme Court Denies Counsel to State Prisoner in Felony Case, by Derek Gilna
- High Risk, Low Pay for California Prisoners Who Fight Fires, by Chad Marks
- What the Government Shutdown Looks Like Inside Federal Prisons, by Eli Hager
- PREA Audit at Montana Women’s Prison Amid Sexual Misconduct Complaints, by Matthew Clarke
- Ohio Prisoner Recovers $2,025 for Leg Injury Caused by Guard’s Pepper Ball, by Derek Gilna
- Florida Prisoners Get Tablets, Lose $11.3 Million in Digital Music, by David M. Reutter
- DC Corrections Council Report Slams USP Lewisburg’s “Special Management Unit”, by Derek Gilna
- City of Philadelphia Sinks $5.6 Million into Prison Software Upgrade it Can’t Use, by Kevin W. Bliss
- Imprisoning America’s Mentally Ill, by Edward Lyon
- Obituary: Rick Anderson, 1941-2018, by Paul Wright
- Nevada Prisons Persist in Not Serving Healthy Food, by Edward Lyon
- Sixth Circuit Upholds Denial of Interviews with Lucasville Prison Riot Participants, by Derek Gilna
- Drafting Error in First Step Act Delays Application of Good Behavior Credits, by Steve Horn
- Preliminary Settlement in Class-Action HCV Suit Against Pennsylvania DOC, by Dale Chappell
- HRDC Files Suit Against Southwest Virginia Regional Jail Authority, by Steve Horn
- Seventh Circuit: District Court Abused Discretion in Not Seeking Counsel for Pro Se Prisoner
- From the Editor, by Paul Wright
- Former Prisoners Become Attorneys: From Breaking the Law to Practicing Law, by Christopher Zoukis
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025. Conditions of Confinement, Failure to Protect (General), Staffing, Exercise, Lockdowns, Control Units/SHU/Solitary Confinement, Guards/Staff, Staff Training.
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- HRDC Wins $480,000 in Legal Fees from Centurion for Denied New Mexico Records, Aug. 1, 2025. Centurion, Systemic Medical Neglect, Medical Records, Misdiagnosis, Failure to Treat, Malpractice, Medical Neglect/Malpractice, Public Records Act, HRDC Publications, HRDC Litigation.
- Review: “Reforming the Shadow Carceral State”, Aug. 1, 2025. Reviews, Criminal justice system reform, Seizure of Prisoner Funds, Fines.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- $2.6 Million Paid for Detoxing Washington Jail Detainee Allowed to Leap to His Death, Additional NaphCare Payout Undisclosed, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Failure to Protect (Wrongful Death).
- Alabama DOC Attorneys Reprimanded for Filing AI-Written Briefs in Prisoner’s Suit, Aug. 1, 2025. Failure to Protect (General), Attorney Misconduct.
- DOJ Inspects BOP Food Service Operations, Finds Troubling Issues at Multiple Facilities, Aug. 1, 2025. Failure to Protect (General), Food, Staffing.
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).