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PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim
Loaded on Jan. 15, 2007
published in Prison Legal News
January, 2007, page 34
PLRA's Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim
Filed under:
Retaliation,
Retaliation for Filing Grievances,
Retaliatory Transfers,
Attorney Fees (PLRA),
Physical Injury Rule,
Damages.
Location:
Michigan.
A Michigan federal district court has held that the Prison Litigation Reform Act?s (PLRA) prohibition of mental or emotional damages without physical injury is unconstitutional as applied to First Amendment Violation Claims.
A jury awarded Michigan prisoner ...
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More from this issue:
- Ex-Communication: Competition and Collusion in the U.S. Prison Telephone Industry, by Steven Jackson
- Maryland Sentence Reduction Rule Violates Ex Post Facto Clause
- From the Editor, by Paul Wright
- Violence from Racial Tension and Overcrowding Pervades California Jails, Spreads to Prisons, by Marvin Mentor
- Lawsuit Filed Over Health Care at Wisconsin Women’s Prison, More Possible, by Michael Rigby
- Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners, by Michael Rigby
- 200 Dead in Brazil Prison Uprisings, Street Violence, by Gary Hunter
- California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired, by John Dannenberg
- Washington Women’s Prison Healthcare Violations Continue
- The Prison and Jail Industry—Who Will Run It, by Gary Hunter
- Washington Prisoners Must Pre-Pay for Record Inspection
- Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree, by John Dannenberg
- California Lifer Hearing Backlog Increases Despite Court Order To Catch Up, by Marvin Mentor
- Vienna Convention Creates Individually Enforceable Rights, by Matthew Clarke
- Washington Prisoner Sues Over Bogus Disciplinary Actions; State Settles for $1,500
- Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees
- $214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner
- PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim
- Illegal Strip Searches Cost MTC, New Mexico County $8.5 Million, by Michael Rigby
- Michigan Prisoner Assaulted By Jailers Awarded $2,000, by Michael Rigby
- Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional, by David Reutter
- Wisconsin “Boondoggled” Into Buying Broken Down New Private Prison
- New York Prison Worker Not Kidnapped/Raped Long Enough For Compensation, by Gary Hunter
- Mississippi Beating Suit Nets $348,960 — Upheld on Appeal
- Maryland Disciplinary Rules Violate APA
- 5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense, by Michael Rigby
- Texas Supreme Court: Non-Suit Deprives Appeals Court of Jurisdiction
- Virginia Guard Hazed By Coworkers Awarded $25,001, by Michael Rigby
- Eleventh Circuit Affirms Damage Award in Psychiatrist’s Strangling Death
- Fourth Circuit Holds FTCA Applies to BOP Property Claims
- Missouri Prison Ordered to Provide Immediate Abortion
- Fifth Circuit Reinstates Texas Prisoners’ Challenge to Extended Lockdown, by Michael Rigby
- News in Brief:
- Oklahoma Regulation Confiscating Money Order From Other Prisoner’s Family Upheld
- Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims, by Bob Williams
More from these topics:
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- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Tenth Circuit Affirms PTS Driver’s Conviction for Torturous Detainee Transport, Jan. 15, 2025. Transport Companies, Retaliatory Transfers, Transportation, Deliberate Indifference.
- Six Set Themselves on Fire at Virginia Prison in 2024, Jan. 15, 2025. Retaliation, Protests, Control Units/SHU/Solitary Confinement, Fire to the Prisons Magazine.
- $23,138 Plus Out-Of-State Transfer for Virginia Prisoner Who Accused Guards of Excessive Force and Altering Video, Nov. 15, 2024. Retaliatory Transfers, Videotaping, Guard Brutality/Beatings, Settlements.
- Unintended Consequence of Texas Prisoner Tablets: Retaliation from Fellow Prisoners, Aug. 15, 2024. Retaliation, Informants, Electronic Tablets, Securus.
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- 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.