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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 appeal brought by ...
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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
- Ohio County Executive and Underlings Under Investigation for Jail Corruption and Deaths, by Edward Lyon
- Inmate Magazine Service Advertising Results in FTC Complaint, by David Reutter
- 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
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, by David M. Reutter
- After DOJ Finds Unconstitutional Conditions for Mentally Ill Prisoners in Solitary, Massachusetts Experiments with Monitoring Gadget, by Keith Sanders, Kevin Bliss
- 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
- U.S. Supreme Court Reverses Dismissal of Texas Prisoner’s Feces Covered Cell Lawsuit, by David Reutter
- $6.2 Million Judgment for California Deputies Negligence Causing Arrestee Injuries Affirmed, by David Reutter
- Incarcerated Persons Not In-Custody for Miranda Purposes
- Inspector General Finds Botched Transfers Caused COVID Outbreak at San Quentin, 29 Dead, by Matthew Clarke
- Woman Abuse Survivors Sent to Prison for Self-Defense, by Keith Sanders
- 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
- From a Picture Grew Thousands of Words, by Edward Lyon
- Maine Supreme Judicial Court Holds Courts Have Authority to Enjoin DOC from Unconstitutional Segregation Practices, by Matthew Clarke
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- News in Brief
More from David Reutter:
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- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- 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.
- Seventh Circuit: Health Hazard without Physical Injury Can State a Claim, Aug. 15, 2013. Conditions of Confinement, Vermin, Physical Injury Rule.
- Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases, July 15, 2013. Staff-Prisoner Assault, Physical Injury Rule, Federal Statutory Law, Violence Against Women Act.