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En Banc Eleventh Circuit Holds Prisoners Can Seek Punitive Damages Without Physical Injury
by David M. Reutter
In a reversal of its own precedent, the Eleventh Circuit Court of Appeals held that 42 U.S.C. section 1997e(e) permits claims for punitive damages without a showing of physical injury.
The court’s en banc ruling was issued on April 9, 2021 in an …
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More from this issue:
- “Progressive” Seattle Mayoral Candidate Exposed as Shill for the Private Prison Industry, by Ken Silverstein
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, by Christopher Zoukis
- From the Editor, by Paul Wright
- Course of the Covid Pandemic, by Michael D. Cohen, MD
- Inmate Magazine Service Advertising Results in FTC Complaint, by David Reutter
- Ohio County Executive and Underlings Under Investigation for Jail Corruption and Deaths, by Edward Lyon
- Coronavirus Lockdowns in Prisons Test Limits of Colorado’s Rules on Solitary Confinement, by John Herrick
- Guard “Justified” in Shooting Death of Elderly Woman in Spokane County Jail Lobby, by Kevin Bliss
- After DOJ Finds Unconstitutional Conditions for Mentally Ill Prisoners in Solitary, Massachusetts Experiments with Monitoring Gadget, by Kevin Bliss, Keith Sanders
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, by David M. Reutter
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, by David M. Reutter
- District Court Certifies Class Status in Louisville Jail Overdetention of Prisoners’ Suit, by Douglas Ankney
- Eleventh Circuit Upholds Some Convictions of Four Georgia Prison Guards for Drug Smuggling; Reverses Others for Retrial, by Matthew Clarke
- Law Review States Prisons Better Off With Public Health Care Rather than Private, by Kevin Bliss
- $6.2 Million Judgment for California Deputies Negligence Causing Arrestee Injuries Affirmed, by David Reutter
- U.S. Supreme Court Reverses Dismissal of Texas Prisoner’s Feces Covered Cell Lawsuit, by David Reutter
- Incarcerated Persons Not In-Custody for Miranda Purposes
- Woman Abuse Survivors Sent to Prison for Self-Defense, by Keith Sanders
- Inspector General Finds Botched Transfers Caused COVID Outbreak at San Quentin, 29 Dead, by Matthew Clarke
- North Carolina Prisons Underreport COVID Related Deaths, by Kevin Bliss
- New Jersey Legionnaires’ Disease Outbreak Kept Quiet in State Prisons, by Akela Lacy
- GAO Reports ICE Wastes Hundreds of Millions Each Year, by Matthew Clarke
- The Enduring Life of Life Sentences, by Casey Bastian
- Federal Court Orders Release of Documents for Connecticut Prison Cancer Death, by David Reutter
- Virginia Votes to Abolish Death Penalty, by Jayson Hawkins
- Second Circuit Holds Connecticut Can’t Indemnify Guard in Assault Case Then Seek Cost of Incarceration; $650,000 Awarded in Failure to Protect Case, by David Reutter
- Georgia Sheriffs Entitled to Eleventh Amendment Immunity When Setting Jail Policies That Lead to Prisoners Being Sexually Abused, by David Reutter
- Architects Question Whether Building “More Humane” Prisons is Possible, by Daniel A. Rosen
- $54,000 Award of Attorney Fees to Enforce Settlement Agreement on Behalf of Deaf Prisoners, by David Reutter
- En Banc Eleventh Circuit Holds Prisoners Can Seek Punitive Damages Without Physical Injury, by David Reutter
- Sixth Circuit Reverses Dismissal of Retaliation Suit by Pro Se Michigan Prisoner, by David Reutter
- Maine Supreme Judicial Court Holds Courts Have Authority to Enjoin DOC from Unconstitutional Segregation Practices, by Matthew Clarke
- From a Picture Grew Thousands of Words, by Edward Lyon
- $200,000 Settlement for Kentucky Woman in Jail Childbirth Suit, by Matthew Clarke
- Advancing Stage of HCV Triggers Imminent Danger Exception to PLRA Three Strikes Rule
- Maine Prisons Expand Medication Assisted Treatment, by David Reutter
- Oregon Federal Court Issues Class Certification in HRDC Challenge to NUMI Release Debit Cards, by David Reutter
- When Prisoners Die, Hawaii Keeps it Secret, by Edward Lyon
- Three Illinois Guards Indicted for Fatally Beating Prisoner
- Majority of Americans Now Favor Life Imprisonment Over Death Penalty, by Matthew Clarke
- Fifth Circuit Upholds Dismissal of Transfer Lawsuit by Suicidal Prisoner, by Matthew Clarke
- Iowa Jails Lower Phone Rates But Not Far Enough, by David Reutter
- Colorado Supreme Court Holds Prisoners Entitled to Preliminary Hearing on New Charges, by Matthew Clarke
- After Backlash, Tennessee State University President Reverses Decision to Join CoreCivic Board, by Matthew Clarke
- “We Want Court dates!”, by Keith Sanders
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- $95,000 Settlement for Trans BOP Prisoner Assaulted by Cellmate in Arizona Lockup, Dec. 1, 2025. Snitch Jacketing, Failure to Protect (General), Physical Injury Rule, Failure to Treat (Mental Illness), Transgender Medical Procedures, Discrimination (Transgender), Failure to Protect (Transgender).
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025. Staff-Prisoner Assault, Guard Brutality/Beatings, Damages - Compensatory, Damages - Punitive.
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024. Wexford Health Services, Failure to Treat, Attorney Fee Awards, Attorney Fees (PLRA), Damages - Punitive.
- Second Circuit Affirms $600,000 Punitive Damage Award to New York Prisoner Brutally Beaten by Guards, Sept. 15, 2023. Guard Brutality/Beatings, Settlements, Damages - Punitive.
- Seventh Circuit Says No Evidence Illinois Prisoner Lied About Endangerment to Circumvent PLRA’s Three-Strikes Rule, Aug. 8, 2022. Administrative Exhaustion (PLRA), Physical Injury Rule.
- Eighth Circuit: Severe Pain Caused by Actual Injury Satisfies PLRA Physical Injury Requirement, Feb. 4, 2019. Medical Misconduct, Criminal justice system reform, Medical, Pain, Surgery, Failure to Treat, Failure to Protect (General), PLRA, Physical Injury Rule, Excessive Force.
- Long-Term Segregation Can Establish Imminent Danger of Serious Physical Injury for PLRA Purposes, Dec. 5, 2018. Eighth Amendment, Physical Injury Rule, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).
- Improper Analysis of Sovereign Immunity Defense Requires Remand in Georgia Negligence Claim, Jan. 3, 2017. Workplace Injury, Injury -- Misc., Transportation, Physical Injury Rule, Sovereign Immunity.
- Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger, Nov. 6, 2015. Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule.
- Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective?, Sept. 15, 2013. Staff-Prisoner Assault, Prisoner-Prisoner Assault, Staff-Prisoner Harassment, Prisoner-Prisoner Harassment, PLRA, Administrative Exhaustion (PLRA), Physical Injury Rule, Prison Rape Elimination Act.

