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Physical Injury Requirement Doesn't Apply to Court Access Claims
Loaded on Sept. 15, 1999
published in Prison Legal News
September, 1999, page 19
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 would only apply the "actual injury" test enunciated in Lewis ...
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More from this issue:
- Wreaking Medical Mayhem in Washington Prisons, by Tara Herivel
- A Foul Trend Emerges, by Tara Herivel
- Is Health Care Too Much to Ask For?, by Silja JA Talvi
- Ex-Prisoner Gets $850,000 for Broken Neck
- Arkansas Department of Corruption Revealed
- County Jail Political Shenanigans, Corruption Revealed
- From the Editor, by Dan Pens
- Crime and Punishment in America, by Elliot Currie (Review), by H Bruce Franklin
- The Way the Wind Blew: A History of the Weather Underground, by Ron Jacobs (Review), by Paul Wright
- Texas Prison Warehouses (Letter), by DG "Tex" Hoffman
- Beaten Connecticut Jail Detainee Awarded $2.07 Million
- Missouri Proposes $2.2 Million Settlement
- New Mexico Riot Rooted in Religious Rights
- Rikers Island Detainee Shot
- Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures
- Prison Realty Board Member Settles Ethics Complaints
- West Virginia DOC Commissioner Resigns After Beating Wife
- Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack
- Texas Jail Whistleblower Awarded $3.3 Million
- Washington 35% Spousal Suit Update
- Arizona DOC Settles Kosher Diet Suit
- US Supreme Court Holds Media Ride-Alongs Unconstitutional
- Transsexual Awarded $755,000 in Jail Strip Search
- PLRA Physical Injury Requirement Constitutional, by James Quigley
- Tobacco Smoke Exposure Requires Trial
- DC Circuit Lifts Injunction on BOP Porn Ban
- De Novo Review for § 1915A Dismissals
- Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
- Three Strikes Upheld by Ninth Circuit
- Administrative Exhaustion Required in all Cases
- State Court Dismissals Don't Count as Strikes
- Automatic Stay Provision Unconstitutional
- Total Administrative Exhaustion Not Required
- No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
- No Written Screening or Administrative Exhaustion Required
- Physical Injury Requirement Doesn't Apply to Court Access Claims
- Fact Issue of Physical Injury Precludes Summary Judgment, by Ronald Young
- Wright Dismissed on Remand
- Private Prison Denied Wiretap Exception
- No Court Access Right to Litigate Civil Forfeiture
- Prisoners Have First Amendment Right to Private Conversations with Their Attorneys
- Liberty Interest in Erroneous Parole Release, by Ronald Young
- Prisoner Suing Prison Physician for Deliberate Indifference
- Prisoner Can Attend His Civil Trial at Government Expense
- Stun Belts in Court Unconstitutional
- Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2)
- Lack of Standing Eviscerates Court Access Class Action
- News in Brief
- PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
- Denial of Exercise Is "Atypical and Significant"
More from these topics:
- 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.
- En Banc Eleventh Circuit Holds Prisoners Can Seek Punitive Damages Without Physical Injury, July 1, 2021. Physical Injury Rule, Damages - Punitive.
- Circuit Affirms Dismissal of Texas Prisoner’s Complaint Over Consequences of Prisoner Unrest as Frivolous, April 2, 2020. Retaliation, Toxic Fumes/Chemicals, Eighth Amendment, Vermin, Court Access.
- Civilly Dead Prisoner Unable to Sue in Rhode Island, Jan. 12, 2020. Court Access.
- Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants, Oct. 15, 2019. Court Access, Legal Materials, Sentencing.
- $250,000 Awarded to Mississippi Woman After Being Jailed 96 Days Without Bail Hearing or Lawyer, Aug. 10, 2019. Eighth Amendment, Jail Specific, Attorneys, Court Access, Legal Materials, Sixth Amendment.
- Court Reporters Likely Fail to Accurately Transcribe Testimony for Speakers of ‘African American English’, July 16, 2019. Racial Discrimination, Court Access, Trials.
- Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom, June 17, 2019. Police Misconduct, Prosecutors, Court Access, Police.
- 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.
- Colorado Leads U.S. in Suppression of Court Cases, Dec. 28, 2018. Statistics/Trends, Court Access, Disclosure of Records.