United States Fifth Circuit

In a prisoner's 42 U.S.C. section 1983 action alleging a prison officer violated his Fourth Amendment rights when he conducted a strip and cavity search of plaintiff, dismissal of the action is reversed where: 1) the district court improperly dismissed the complaint for failure to state a claim under 28 U.S.C. section 1915A; 2) the complaint is not frivolous; and 3) 42 U.S.C. section 1997e(e) does not preclude recovery of nominal or punitive damages in prisoners' civil rights actions.

Appellate Information

• Decided 12/21/2007
• Published 12/26/2007

Judges

• PER CURIAM:, Before WIENER, GARZA, and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Ronald L. Hutchins, Tennessee Colony, TX, pro se.