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PLRA Physical Injury Rule Does Not Apply to Mail Claims

Article • December 15, 2000 • from PLN December, 2000

Filed under: Physical Injury Rule, Civil Procedure, Standing, Mail Regulations

PLRA Physical Injury Rule Does Not Apply to Mail Claims by The court of appeals for the Seventh circuit held that prefiling screening under the Prison Litigation Reform Act (PLRA) applies to all prisoner lawsuits, regardless of their fee status and the PLRA's physical injury requirement does not apply to …

Sleep Deprivation Not Frivolous Claim

Article • December 15, 1999 • from PLN December, 1999

Filed under: Eighth Amendment, Physical Injury Rule, Mental Health

Sleep Deprivation Not Frivolous Claim by Ronald Young by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held …

Race Discrimination Claim Not Barred by PLRA Physical Injury Rule

Article • November 15, 1999 • from PLN November, 1999

Filed under: Racial Discrimination, PLRA, Physical Injury Rule

Race Discrimination Claim Not Barred by PLRA Physical Injury Rule by A federal district court in Missouri held that the physical injury rule of the Prison Litigation Reform Act (PLRA) applied only to Eighth amendment claims and did not apply to a prisoner's equal protection claim of racial discrimination. The …

A Guide to the Prison Litigation Reform Act, by John Boston (Review)

Article • November 15, 1999 • from PLN November, 1999

Filed under: Reviews, PLRA, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA)

A Guide to the Prison Litigation Reform Act, by John Boston (Review) by Paul Wright Review by Paul Wright The passage of the Prison Litigation Reform Act (PLRA) in 1996 has significantly changed many aspects of prison and jail litigation. The PLRA makes it increasingly difficult for prisoner plaintiffs to …

PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo

Article • September 15, 1999 • from PLN September, 1999

Filed under: Medical, HIV/AIDS, Medication, Eighth Amendment, Exercise, Clothing, Physical Injury Rule

PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …

PLRA Physical Injury Requirement Constitutional

Article • September 15, 1999 • from PLN September, 1999

Filed under: HIV/AIDS, Medical Records, Physical Injury Rule, Court Access, Damages, Injunctions, Disclosure of Records

PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …

Physical Injury Requirement Doesn't Apply to Court Access Claims

Article • September 15, 1999 • from PLN September, 1999

Filed under: Physical Injury Rule, Court Access

Physical Injury Requirement Doesn't Apply to Court Access Claims by A federal district court in Illinois held that 42 U.S.C. § 1997e(e), which conditions prisoners' right to file suit in federal court on the suffering of physical injury, does not apply to court access claims. The court held that it …

Fact Issue of Physical Injury Precludes Summary Judgment

Article • September 15, 1999 • from PLN September, 1999

Filed under: Physical Injury Rule, Excessive Force, Guard Brutality/Beatings, Summary Judgment

Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials. Juan Gomez, …

Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure

Article • August 15, 1999 • from PLN August, 1999

Filed under: Eighth Amendment, Asbestos, PLRA, Physical Injury Rule, Damages

Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. …

PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive

Article • July 15, 1999 • from PLN July, 1999

Filed under: Toilets, Administrative Exhaustion (PLRA), Physical Injury Rule, Court Access, Court Appearances

PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …

PLRA Physical Injury Requirement Not Retroactive

Article • July 15, 1999 • from PLN July, 1999

Filed under: Conditions of Confinement, Sanitation, Physical Injury Rule

PLRA Physical Injury Requirement Not Retroactive by The Tenth circuit court of appeals held that the Prison Litigation Reform Act's physical injury requirement, codified at 42 U.S.C. § 1997e(e), does not apply retroactively to lawsuits filed before the PLRA's enactment on April 26, 1996. Bobby Craig, a pretrial detainee at …

Parole Officials Liable for False Information in Parole Violation Arrest Warrant

Article • June 15, 1999 • from PLN June, 1999

Filed under: Misconduct/Corruption, Parole Board Misconduct, Disciplinary Litigation, Filing Fees (PLRA), Physical Injury Rule, Parole, Qualified Immunity

Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …

Physical Injury Requirement Not Retroactive

Article • April 15, 1999 • from PLN April, 1999

Filed under: Threats by Staff, PLRA, Physical Injury Rule

Physical Injury Requirement Not Retroactive by The court of appeals for the Ninth circuit held that 42 U.S.C. § 1997e(e) does not apply retroactively to suits filed before the Prison Litigation Reform Act's April 26, 1996, enactment. Byron Swan, a California state prisoner, filed suit in 1994 claiming a guard …

Physical Injury Requirement Inapplicable to First Amendment Claims

Article • December 15, 1998 • from PLN December, 1998

Filed under: Frivolous Litigation (PLRA), Physical Injury Rule, Municipal Liability, Religious Freedom, Proselytizing

Physical Injury Requirement Inapplicable to First Amendment Claims by The court of appeals for the Ninth circuit held that the "three strikes" provision of the Prison Litigation Reform Act (PLRA) does not apply to cases pending at the time of the law's enactment and that the PLRA's physical injury requirement …

PLRA Physical Injury Requirement Does Not Apply to Ex-Cons

Article • October 15, 1998 • from PLN October, 1998

Filed under: Eighth Amendment, PLRA, Physical Injury Rule, Qualified Immunity, Drug Treatment/Rehab, Required Religious Programming

PLRA Physical Injury Requirement Does Not Apply to Ex-Cons by The court of appeals for the Seventh circuit held that the PLRA's physical injury requirement does not apply to suits filed after a prisoner is released from prison. The court also held that secular substance abuse programs do not violate …

Risk of Serious Harm States Claim

Article • August 15, 1998 • from PLN August, 1998

Filed under: Sex Offenders (Discrimination), Conditions of Confinement, Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Municipal Liability

Risk of Serious Harm States Claim by A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be …

Seventh Circuit Upholds Constitutionality of Physical Injury Requirement

Article • July 15, 1998 • from PLN July, 1998

Filed under: Eighth Amendment, Asbestos, PLRA, Physical Injury Rule, Damages

Seventh Circuit Upholds Constitutionality of Physical Injury Requirement by The court of appeals for the seventh circuit upheld the constitutionality of section 803(d) of the Prison Litigation Reform Act (PLRA) which limits money damages to only those cases involving physical injury. Several Indiana state prisoners filed suit under the Eighth …

Physical Injury Limit Defined, Wrongly

Article • May 15, 1998 • from PLN May, 1998

Filed under: Private Prisons, Bobby Ross Group, Eighth Amendment, Physical Injury Rule, Informants (Failure to Protect)

Physical Injury Limit Defined, Wrongly by A federal district court in Texas dismissed a lawsuit as being legally frivolous for not alleging sufficient physical injury under 42 U.S.C. § 1997e(e). Thinh Minh Luong is a Hawaii state prisoner transferred to the Dickens County Corrections Center, a private prison operated by …

Moya v. City of Albuquerque, NM, Order, PLRA Physical Injury Rule, 1997

Brief • November 17, 1997

Filed under: Physical Injury Rule, Prison Litigation Reform Act (PLRA)

Moya v. City of Albuquerque, NM, Order, PLRA Physical Injury Rule, 1997

PLRA Physical Harm Requirement Not Retroactive

Article • October 15, 1997 • from PLN October, 1997

Filed under: Retaliation, Snitch Jacketing, Whistleblowing, Physical Injury Rule, Informants (Failure to Protect)

PLRA Physical Harm Requirement Not Retroactive by A federal district court in Indiana held that 42 U.S.C. § 1997e(e), which precludes suits by prisoners seeking money damages in the absence of physical harm, does not apply retroactively to suits filed before the PLRA's enactment. The court also held a prisoner …