United States Ninth Circuit

In claims for "physical injury" under section 1997e(e) of the Prison Litigation Reform Act (here based on confinement conditions), requisite injury must be more than de minimis; but this injury requirement will apply only to claims for mental and emotional injury and will not bar claims under the Fourteenth Amendment.

Appellate Information

• Argued 11/06/2001
• Decided 05/02/2002
• Published 05/02/2002

Judges

• Before HAWKINS and TASHIMA, Circuit Judges, and WILKEN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Willie Jordan-Curtis, Assistant Dean for Student Affairs, Kevin Rudh (argued), Scott Shelley (argued), and Ernest Skinner (argued), Law Students, The University of Arizona College of Law Pro Bono Appellate Project, Tucson, AZ, for appellant.


• For Appellees:
  
• Thomas D. Dillard, Jr. (argued), Rawlings, Olson, Cannon, Gormley & Desruisseaux, Las Vegas, NV, for appellees.