Physical Injury Requirement

Physical Injury Requirement

Physical Injury Requirement

The PLRA bars federal civil actions by prisoners for mental or emotional injury without a prior showing of physical injury or the commission of a sexual act. Courts require more than de minimis physical injury.

Nominal and punitive damages may remain available.

Alternative Names:

PLRA Physical Injury|Section 1997e(e)

Why it Matters?

The bar reaches compensatory damages for emotional harm but circuits divide on whether nominal and punitive damages survive, which means a claim may proceed for those categories even where compensatory relief is barred. Injunctive relief is unaffected. The de minimis threshold excludes minor bruising and soreness, which defeats claims resting on incidental physical contact accompanying an alleged constitutional violation.

Frequently Confused with

Related terms

Frequently asked questions

What damages survive the bar?

What damages survive the bar?

Circuits divide on nominal and punitive damages, while injunctive relief is unaffected.

What satisfies the physical injury element?

What satisfies the physical injury element?

More than de minimis injury, which excludes minor bruising and soreness from incidental contact.