United States Second Circuit

Dismissal of pro se plaintiff-s three consolidated civil rights complaints pursuant to 42 U.S.C. section 1997e(e), because he failed to allege that he had suffered a physical injury, was error because plaintiff requested injunctive and/or declaratory relief, and the pleadings before the court did not reveal the nature of damages; thus, plaintiff should have been given the opportunity to amend his complaint.

Appellate Information

• Argued 11/01/2001
• Decided 03/19/2002
• Published 03/19/2002

Judges

• POOLER, Circuit Judge., Before:  WALKER, Chief Judge, POOLER and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Catherine M. Sharkey,Mayer, Brown & Platt, New York, NY, for Plaintiff-Appellant., Robert D. McCallum, Jr., Assistant Attorney General, Washington, DC, Joseph A. Pavone, United States Attorney, Northern District of New York, Syracuse, NY, John C. Hoyle and Jeffrica Jenkins Lee, Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, DC, on the brief for Intervenor United States of America.


• For Appellees:
  
• Frank Brady, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York and Nancy A. Spiegel, Assistant Solicitor General, on the brief) Albany, NY, for Defendants-Appellees.