Al-Amin v. Warden Hugh Smith, 637 F.3d 1192 (11th Cir. 2011). · Go Syfert
Al-Amin v. Warden Hugh Smith, 637 F.3d 1192 (11th Cir. 2011). Cases Citing This Book View Copy Cite
96 citation events (96 in the last 25 years) across 9 distinct courts.
Strongest positive: Johnson v. Castillo (flsd, 2021-07-23) · Strongest negative: Corey Allan Donaldson v. Tony Normand (ca11, 2024-02-28)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Overruled Corey Allan Donaldson v. Tony Normand
11th Cir. · 2024 · signal: see · confidence bake:cell
See Al-Amin v. Smith, 637 F.3d 1192, 1199 (11th Cir. 2011), overruled by Hoever v. Marks, 993 F.3d 1353, 1362 (11th Cir. 2021) (en banc).
examined Cited as authority (verbatim quote) Johnson v. Castillo
S.D. Fla. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in sum, our published precedents have affirmed district court dismissals of punitive damage claims under the prison litigation reform act because the plaintiffs failed to meet 1997e(e)'s physical injury requirement.
examined Cited as authority (verbatim quote) Johnson v. Castillo
S.D. Fla. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in sum, our published precedents have affirmed district court dismissals of punitive damage claims under the prison litigation reform act because the plaintiffs failed to meet 1997e(e)'s physical injury requirement.
discussed Cited as authority (verbatim quote) Maldonado v. Baker County Sheriff's Office
M.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
congress enacted the plra 'to reduce the number of frivolous cases filed by imprisoned plaintiffs.
discussed Cited as authority (verbatim quote) Matthew John Thompson v. B. Smith
11th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
the plaintiff's complaint does not allege a physical injury
discussed Cited as authority (rule) Terelle Tullis v. Ricky Dixon, ET AL.
M.D. Fla. · 2025 · confidence medium
In section VI, “Relief,” there must be a statement of what plaintiff seeks through this action, keeping in mind that the Prison Litigation Reform Act “places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)). 8.
discussed Cited as authority (rule) Vasquez v. Swain
M.D. Fla. · 2025 · confidence medium
In section VI, “Relief,” there must be a statement of what plaintiff seeks through this action, keeping in mind that the Prison Litigation Reform Act “places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)). 8.
discussed Cited as authority (rule) Davis v. Lane
M.D. Fla. · 2025 · confidence medium
The PLRA “places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)).
discussed Cited as authority (rule) Downey v. Perkins
M.D. Fla. · 2024 · confidence medium
In section VI, “Relief,” there must be a statement of what plaintiff seeks through this action, keeping in mind that the Prison Litigation Reform Act “places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)). 9.
discussed Cited as authority (rule) Culmer v. JSO Sheriffs Department
M.D. Fla. · 2024 · confidence medium
In section VI, “Relief,” there must be a statement of what plaintiff seeks through this action, keeping in mind that the Prison Litigation Reform Act “places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)). 9.
discussed Cited as authority (rule) Stewart v. Boone
M.D. Fla. · 2024 · confidence medium
In addition to compensatory damages, Plaintiff requests that he be released from close management, his gain time be restored, the officer-Defendants be criminally charged, and the Warden be fired.1 Id. at 14-15 . 1 The Prison Litigation Reform Act “places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)).
discussed Cited as authority (rule) Sherman v. Willis
M.D. Fla. · 2024 · confidence medium
In section VI, “Relief,” there must be a statement of what Plaintiff seeks through this action, keeping in mind that the Prison Litigation Reform Act “places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)).
discussed Cited as authority (rule) Waldron v. Columbia County Jail
M.D. Fla. · 2023 · confidence medium
In section VI, “Relief,” there must be a statement of what Plaintiff seeks through this action.3 Plaintiff must sign and date the amended complaint after the following statement on the form: Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by 2 Plaintiff may attach additional pages, if necessary, but he should continue to number the paragr…
discussed Cited as authority (rule) Harris v. Dixon
M.D. Fla. · 2022 · confidence medium
In section VII, “Exhaustion,” plaintiff must explain the steps he took to exhaust each claim.4 Plaintiff must sign and date the amended complaint after the following statement on the form: Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for 2 Plaintiff may attach additional pages, if necessary…
discussed Cited as authority (rule) Litsey v. Florida Department of Corrections
M.D. Fla. · 2022 · confidence medium
In section VII, “Exhaustion,” plaintiff must explain the steps he took to exhaust each claim.3 Plaintiff must sign and date the amended complaint after the following statement on the form: Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; (3) …
discussed Cited as authority (rule) Sanders v. Inch
M.D. Fla. · 2022 · confidence medium
Hartley v. Parnell, 193 F.3d 1263, 1269 (11th Cir. 1999); Craig v. Floyd Cnty., 643 F.3d 1306, 1310 (11th 3 Plaintiff is advised that “[t]he [Prison Litigation Reform Act (PLRA)] places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)). 4 “A prisoner must exhaust each claim that he seeks to present in court.” Arias v. Perez, 758 F. App’x 878 , 881 (11th Cir. 2019) (citing Jones v. Bock, 549 U.S. 199, 219-20 (2007)). 12 Cir. 2011).
discussed Cited as authority (rule) Winch v. Centurion of Florida, LLC
M.D. Fla. · 2022 · confidence medium
A plaintiff also must “allege that the prison official, at a minimum, 2 Plaintiff is advised that “[t]he [Prison Litigation Reform Act (PLRA)] places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)). acted with a state of mind that constituted deliberate indifference” to that serious medical need.
discussed Cited as authority (rule) Kersey v. Inch
M.D. Fla. · 2021 · confidence medium
Plaintiff is advised that the Prison Litigation Reform Act “places substantial restrictions on the judicial relief that prisoners can seek.” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)).
examined Cited as authority (rule) Conrad L. Hoever v. R. Marks (3×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Hoever, 815 F. App’x at 469 & n.5 (citing Al-Amin v. Smith, 637 F.3d 1192, 1196 (11th Cir. 2011), and Harris v. Garner (Harris II), 216 F.3d 970 , 984–85 (11th Cir. 2000) (en banc)).
discussed Cited as authority (rule) Tedder v. Pride Enterprises Incorporated, Corporate Office (2×) also: Cited "see"
M.D. Fla. · 2021 · confidence medium
The Eleventh Circuit stated: The PLRA [(Prison Litigation Reform Act)] places substantial restrictions on the judicial relief that prisoners can seek, with the goal of “reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)).
discussed Cited as authority (rule) Matson v. Doe (2×) also: Cited "see"
M.D. Fla. · 2020 · confidence medium
The parties do not mention a “busted lip” in their papers. 8 prisoners can seek, with the goal of “reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” AlBAmin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)).
discussed Cited as authority (rule) Dimaio v. Jacksonville Sheriffs Office
M.D. Fla. · 2020 · confidence medium
Knowingly making a false material declaration in violation of 18 U.S.C. § 1623 is punishable by a fine, imprisonment, or both. 3 Plaintiff is advised that “[t]he [Prison Litigation Reform Act (PLRA)] places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)).
discussed Cited as authority (rule) Reynolds v. Hodgson
M.D. Fla. · 2020 · confidence medium
Before signing the amended complaint, Plaintiff must ensure his assertions are truthful and he has not knowingly made false 1 Plaintiff may attach additional pages if necessary, but he should continue to number the paragraphs for a clear presentation of his factual allegations supporting each claim. 2 Plaintiff is advised that “[t]he [Prison Litigation Reform Act (PLRA)] places substantial restrictions on the judicial relief that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)). material decl…
discussed Cited as authority (rule) Thomas A. Furman v. Daniel Cherry
11th Cir. · 2020 · confidence medium
Under the PLRA, a prisoner may not recover monetary damages (compensatory or punitive) “for mental or emotional injury suffered while in custody without a prior showing of physical injury.” See 42 U.S.C. § 1997e(e); Al-Amin v. Smith, 637 F.3d 1192, 1199 (11th Cir. 2011); Smith v. Allen, 502 F.3d 1255, 1271 (11th Cir. 2007), abrogated on other grounds by Sossamon v. Texas, 563 U.S. 277 , 283 n.3 (2011).
examined Cited as authority (rule) Conraad L. Hoever v. R. Marks (3×) also: Cited "see"
11th Cir. · 2020 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011). 10 Case: 17-10792 Date Filed: 07/07/2020 Page: 11 of 20 he suffered some form of physical injury as a result of Marks’ and Paul’s alleged constitutional violations.
discussed Cited as authority (rule) Williams v. Galloway (2×) also: Cited "see"
M.D. Fla. · 2020 · confidence medium
The PLRA places substantial restrictions on the judicial relief that prisoners can seek, with the goal of “reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” AlBAmin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)).
discussed Cited as authority (rule) Burns v. Fugate
M.D. Fla. · 2020 · confidence medium
Plaintiff must sign and date the amended complaint after the following statement on the form: Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely hav…
discussed Cited as authority (rule) Palmer v. Hampton (2×) also: Cited "see"
M.D. Fla. · 2020 · confidence medium
The PLRA places substantial restrictions on the judicial relief that prisoners can seek, with the goal of “reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)).
discussed Cited as authority (rule) Milledge v. McNeil (2×) also: Cited "see"
M.D. Fla. · 2020 · confidence medium
“The [Prison Litigation Reform Act (PLRA)] places substantial restrictions on the judicial relief that prisoners can seek, with the goal of ‘reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.’” Brooks v. Warden, 800 F.3d 1295, 1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011)).
discussed Cited as authority (rule) Paris v. Sergeant J. Herring (2×) also: Cited "see"
M.D. Fla. · 2019 · confidence medium
The Eleventh Circuit stated: The PLRA [(Prison Litigation Reform Act)] places substantial restrictions on the judicial relief that prisoners can seek, with the goal of “reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)).
discussed Cited as authority (rule) Demetruis Carter v. Warden Marty Allen (2×)
11th Cir. · 2019 · confidence medium
Yet a review of this precedent demonstrates that none of it engages with what it means for a claim to be “for mental or emotional injury.” See Al-Amin, 637 F.3d at 1197 (noting Harris I “did not distinguish between cases in which a prisoner pleads a ‘mental or emotional injury’ and those where a prisoner does not so plead”).
discussed Cited as authority (rule) Alton v. Robinson (2×) also: Cited "see"
M.D. Fla. · 2019 · confidence medium
The Eleventh Circuit stated: The PLRA places substantial restrictions on the judicial relief that prisoners can seek, with the goal of “reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)).
discussed Cited as authority (rule) RODRIGUEZ v. BRYSON
M.D. Ga. · 2019 · confidence medium
Although it is true that First Amendment injuries are “rarely accompanied by physical injury,” Al-Amin v. Smith, 637 F.3d 1192, 1197 (11th Cir. 2011), damages are still available when the harm does result in a physical injury.
discussed Cited as authority (rule) Sims v. Figueroa (2×) also: Cited "see"
M.D. Fla. · 2019 · confidence medium
The Eleventh Circuit stated: The PLRA places substantial restrictions on the judicial relief that prisoners can seek, with the goal of "reduc[ing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints." Al–Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002)).
cited Cited as authority (rule) Eric Watkins v. Broward Sheriff's Office
11th Cir. · 2019 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (citation omitted).
discussed Cited as authority (rule) United States v. Damaso Rivera Fonseca
11th Cir. · 2018 · confidence medium
See United States v. Frazier, 387 F.3d 1244, 1259 (11th Cir. 2004) (expert testimony); Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011) (motions in limine); United States v. Sweat, 555 F.3d 1364, 1367 (11th Cir. 2009) (new trial).
cited Cited as authority (rule) United States v. Kimberly Horner
11th Cir. · 2017 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011).
cited Cited as authority (rule) United States v. Kimberly Horner
11th Cir. · 2017 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir. 2011).
cited Cited as authority (rule) Wells Fargo Bank, N.A. v. Lincoln Benefit Life Co.
11th Cir. · 2016 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir.2011).
discussed Cited as authority (rule) Fred Dalton Brooks v. Warden (2×) also: Cited "see"
11th Cir. · 2015 · confidence medium
The PLRA places substantial restrictions on the judicial relief that prisoners can seek, with the goal of “reducing] the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir.2011) (quoting Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir.2002)).
cited Cited as authority (rule) James Alexander Logan v. Edward Hall
11th Cir. · 2015 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1197-98 (11th Cir.2011).
cited Cited as authority (rule) Day v. Vaughn
S.D. Ga. · 2014 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1199 (11th Cir.2011).
discussed Cited as authority (rule) Rembrandt Social Media, Lp v. Facebook, Inc.
Fed. Cir. · 2014 · confidence medium
Al-Amin v. Smith, 637 F.3d 1192, 1195 (11th Cir.2011) ("whether, in the absence of physical injury, a prisoner is precluded from seeking punitive damages by the Prison Litigation Reform Act of 1995”); Alvarado v. Cajun Operating Co., 588 F.3d 1261 (9th Cir.2009) (whether punitive and compensatory damages are available as forms of relief for retaliation in violation of the Americans with Disabilities Act). 2 .
cited Cited "see" Corey Allan Donaldson v. Tony Normand
11th Cir. · 2021 · signal: see · confidence high
See Al-Amin, 637 F.3d at 1198–99.
discussed Cited "see" FORD v. ZANDERS
M.D. Ga. · 2020 · signal: see · confidence high
Id.; see Al-Amin v. Smith, 637 F.3d 1192 , 1198–99 (11th Cir. 2011); see also Carter v. Allen, 930 F.3d 1233 , 1234—38 (11th Cir. 2019) (finding—while subjected to challenges—the settled law in the Eleventh Circuit is “to preclude compensatory and punitive damages for any claim absent physical injury”).
cited Cited "see" RODRIGUEZ v. BRYSON
M.D. Ga. · 2020 · signal: see · confidence high
See Al-Amin v. Smith, 637 F.3d 1192, 1195-99 (11th Cir. 2011).
cited Cited "see" Donald W. Rager v. Paige Augustine
11th Cir. · 2019 · signal: see · confidence high
See Al-Amin v. Smith, 637 F.3d 1192, 1197-98 (11th Cir. 2011).
discussed Cited "see, e.g." Luis Sanchez v. Hon. Ashley Moody, Attorney General, State of Florida, et al.
S.D. Fla. · 2026 · signal: see also · confidence low
Prisoners like Robles—who claim interference with their legal mail but no actual injury—can receive only nominal damages.” (citations omitted)); see also Al–Amin v. Smith, 637 F.3d 1192 , 1196–98 (11th Cir. 2011) (explaining that, under the Prison Litigation Reform Act, prisoners cannot receive compensatory or punitive damages in the absence of a physical injury).
discussed Cited "see, e.g." Hill v. Davis
S.D. Ga. · 2020 · signal: see also · confidence low
See 42 U.S.C. § 1997e(e) (“No Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act.”); see also Al-Amin v. Smith, 637 F.3d 1192 , 1198–99 (11th Cir. 2011) (holding that in absence of physical injury, recovery of compensatory and punitive damages by prisoner is barred under 42 U.S.C. § 1997e(e)).
discussed Cited "see, e.g." Perkinson v. Allen
S.D. Ga. · 2020 · signal: see also · confidence low
See 42 U.S.C. § 1997e(e) (“No Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act.”); see also Al-Amin v. Smith, 637 F.3d 1192 , 1198–99 (11th Cir. 2011) (holding that in absence of physical injury, recovery of compensatory and punitive damages by prisoner is barred under 42 U.S.C. § 1997e(e)). a conditions-of-confinement claim.” Hudson v. McMillian, 503 U.S. 1, 9 (1992).
Retrieving the full opinion text from the archive…
Jamil AL-AMIN, Plaintiff-Appellant,
v.
Warden Hugh SMITH, Admin. Asst. Sanche M. Martin, Defendants-Appellees
10-11498.
Court of Appeals for the Eleventh Circuit.
Apr 5, 2011.
637 F.3d 1192
A. Stephens Clay, IV, C. Allen Garrett, Jr., Ronald Lee Raider, Aaron J. Ross, Kilpatrick, Townsend & Stockton, LLP, Atlanta, GA, Mark H. Reeves, Kilpatrick, Townsend & Stockton, LLP, Augusta, GA, for Plaintiff-Appellant., Devon Orland, Atlanta, GA, Matthew Charles Allen, Hall, Booth, Smith & Slover, PC, Atlanta, GA, Andrew M. Magruder, Wilkinson & Magruder, LLP, Jesse W. Owen, Magruder & Owen, LLP, Augusta, GA, for Defendants-Appellees.
Hull, Black, Howard.
Cited by 61 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 79%
Citer courts: M.D. Georgia (1)
HULL, Circuit Judge:

Appellant Jamil Al-Amin (“Al-Amin” or “Plaintiff’) appeals the district court’s [1] grant of Appellees Hugh Smith and Sanche Martin’s (“Defendants”) motion in limine. The district court concluded that 42 U.S.C. § 1997e(e) of the Prison Litigation Reform Act (“PLRA”) precluded Al-Amin from offering evidence of either compensatory or punitive damages in his 42 U.S.C. § 1983 action alleging that Defendants violated his constitutional rights by allowing his legal mail to be opened outside his presence. After review and oral argument, we affirm.

I. FACTUAL BACKGROUND

This Court previously set forth the facts giving rise to Plaintiff Al-Amin’s 42 U.S.C. § 1983 action in Al-Amin v. Smith, 511 F.3d 1317 (11th Cir.2008). We incorporate those facts here and briefly summarize them below.

[*1194] Plaintiff Al-Amin was incarcerated at Georgia State Prison (“GSP”) from 2002 to 2007. [2] Id. at 1320. In 2002, Al-Amin’s wife Karima Al-Amin (“Karima”), a licensed attorney, began sending him legal correspondence in envelopes marked “legal mail.” In August 2003, Al-Amin filed a grievance alleging that this legal mail was being opened by prison officials outside of his presence, contravening a Georgia Department of Corrections policy. Id. at 1320- 21. In November 2003, Raymond Head, manager of the Inmate Affairs Unit, issued a response directing the appropriate prison personnel “ ‘to ensure this does not occur again in the future.’ ” Id. at 1321.

Defendant Smith, the warden of GSP, instructed Co-Defendant Martin, his assistant who supervised mailroom operations, to treat all mail from Karima as privileged legal mail and to open it only in Al-Amin’s presence. Id. Martin provided similar instructions to mailroom staff. Id. at 1321- 22. Nevertheless, Al-Amin alleges that, even after Head’s grievance response, legal mail sent from his wife continued to be opened outside of his presence.

II. PROCEDURAL HISTORY

On March 21, 2005, Al-Amin filed this § 1983 action, suing Smith and Martin in their individual capacities. [3] Al-Amin’s complaint alleged that Defendants’ actions in connection with the opening of his legal mail violated both prison protocol and the Constitution. Additionally, the complaint alleged that Al-Amin was subjected to harassment and retaliation, including termination of visitation and phone privileges. Al-Amin attached to the complaint thirteen exhibits, which contained photocopies of envelopes sent between June 28, 2004 and February 8, 2005. Each envelope was marked “legal mail,” with Karima’s law office listed as the return address. The complaint sought various forms of relief, including: (1) a declaratory judgment that Defendants violated his constitutional rights; (2) a permanent injunction ordering Defendants to open all privileged mail in his presence; (3) a protective order mandating that Defendants refrain from retaliation and harassment; (4) nominal damages; (5) punitive damages; (6) attorney’s fees; and (7) “such additional relief as this court may deem just and proper.” Compl. at 6-7. Al-Amin sought no compensatory damages, nor did he explicitly allege any physical injury or a mental or emotional injury stemming from the alleged violations.

The parties filed cross motions for summary judgment. In August 2006, the district court denied Plaintiff Al-Amin’s motion and denied in part Defendants’ motion. The district court dismissed Al-Amin’s retaliation claim without prejudice, concluding that he failed to exhaust his available administrative remedies. The district court also found that Defendants were not entitled to qualified immunity, since clearly established law held that prison officials could not open an inmate’s legal mail outside his presence. Lastly, the district court ruled that Defendants were not entitled to summary judgment with respect to Al-Amin’s ability to recover punitive damages, stating that the[*1195] Eleventh Circuit had not decided whether § 1997e(e) of the PLRA precluded a prisoner from seeking punitive damages without a prior showing of physical injury.

On appeal before a prior panel of this Court, we reversed the district court’s denial of qualified immunity with respect to Al-Amin’s access-to-courts claim but affirmed the district court’s ruling of qualified immunity with respect to Al-Amin’s free speech claim. Al-Amin, 511 F.3d at 1336. We concluded that Al-Amin had not shown “actual injury,” a constitutional prerequisite to an access-to-courts claim. Id. at 1332-33. However, we reached a different result with respect to Al-Amin’s First Amendment claim, since there is no similar “actual injury” requirement to state a free speech cause of action and “defendants had fair and clear notice that opening Al-Amin’s attorney mail outside his presence was unlawful and violated the Constitution.” Id. at 1335-36. [4]

After remand, Defendants filed a supplemental motion for summary judgment, arguing that they were entitled to summary judgment based on a theory of respondeat superior and qualified immunity. In October 2009, the district court denied the motion, whereupon Defendants filed this motion in limine to prevent Al-Amin from offering evidence of compensatory or punitive damages at trial.

In January 2010, the district court this time granted Defendants’ motion in limine, precluding Al-Amin from recovering compensatory and punitive damages in this action. Al-Amin v. Smith, No. 6:05-cv-025, slip op. at 5 (S.D.Ga. Jan. 4, 2010). Pursuant to 28 U.S.C. § 1292(b), the district court granted Al-Amin’s request to certify its punitive damage ruling for interlocutory appeal. Id. A panel of this Court granted Al-Amin’s petition for permission to appeal.

III. STANDARD OF REVIEW

This Court reviews the district court’s grant of a motion in limine for abuse of discretion. Mercado v. City of Orlando, 407 F.3d 1152, 1156 (11th Cir. 2005). The interpretation of a federal statute is a question of law that we review de novo. United States v. Murrell, 368 F.3d 1283, 1285 (11th Cir.2004).

IV. DISCUSSION

This case concerns the narrow question of whether, in the absence of physical injury, a prisoner is precluded from seeking punitive damages by the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996).

As this Court has stated previously, Congress enacted the PLRA “to reduce the number of frivolous cases filed by imprisoned plaintiffs, who have little to lose and excessive amounts of free time with which to pursue their complaints.” Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir.2002). To effectuate this purpose, Congress placed various restrictions on the ability of prisoners to seek judicial relief and the form such relief may take.

Included among these restrictions is 42 U.S.C. § 1997e(e), the statutory provision at issue here. Section 1997e(e) is entitled “Limitation on recovery” and provides in full: “No Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury.” 42 U.S.C. § 1997e(e).

[*1196] Al-Amin’s complaint does not allege a physical injury and this Court similarly concluded that Al-Amin had not shown an “actual injury” arising from the alleged violations. Al-Amin, 511 F.3d at 1333. Nevertheless, Al-Amin argues that, even given § 1997e(e)’s limitation, the mere absence of a physical injury resulting from the alleged First Amendment violations does not bar his punitive damage claim. Because we conclude this issue has already been resolved by this Court, we examine our relevant precedents.

A. Harris v. Gamer

Our first published opinion to address the contours of 42 U.S.C. § 1997e(e) was Harris v. Garner, 190 F.3d 1279 (11th Cir.1999), reh’g en banc granted and opinion vacated, 197 F.3d 1059 (11th Cir.1999), opinion reinstated in relevant part, 216 F.3d 970 (11th Cir.2000). In Harris, the plaintiffs alleged that employees at Georgia’s Dooly State Prison facility deprived them of their Fourth, Eighth, and Fourteenth Amendment rights during a prison “shakedown.” 190 F.3d at 1282. Although the Harris Court addressed many questions pertaining to § 1997e(e), the portion relevant here examined the constitutionality of § 1997e(e).

One of the Harris plaintiffs, James Wade, argued that the PLRA’s statutory bar (in the absence of physical injury) to his claims for compensatory and punitive damages operated as a denial of due process under the Fifth Amendment. Id. at 1287. In analyzing this question, the Harris Court first concluded that “the statute is best read as only a limitation on a damages remedy,” id., and assumed that it “actually operates to preclude some claims of a constitutional dimension that a prisoner might have been able to bring before the PLRA was enacted.” Id. at 1287-88. The Harris Court ultimately upheld the constitutionality of § 1997e(e) by concluding that “Congress has left open avenues of ... relief that are ample for constitutional purposes.” Id. at 1289. In reaching this conclusion, the Harris Court discussed the various forms of relief that remained available to prisoner litigants after the passage of the PLRA.

First, the Harris Court noted that § 1997e(e) applied to claims for injuries “suffered.” Id. at 1288. The Harris Court reasoned that Congress’s usage of the past tense indicated that the statutory limitation on remedies “does not impair a prisoner’s right to seek declaratory and injunctive relief for constitutional violations,” since such equitable relief addresses future injuries that a prisoner has not yet “suffered.” Id. Commenting that its decision was in accord with other circuits which addressed the question, the Harris Court held that “section 1997e(e) only precludes some actions for money damages, and does not materially thwart actions for declaratory and injunctive relief.” Id. In the footnote immediately following this sentence, the Harris Court stated — perhaps to clarify its statement that § 1997e(e) “only precludes some actions for money damages,” id. — that since the plaintiffs did not seek nominal damages, “We express no view on whether section 1997e(e) would bar an action for nominal damages that are normally available for the violation of certain ‘absolute’ constitutional rights, without any showing of actual injury.” Id. at 1288 n. 9.

The Harris Court made no similar reservations with respect to punitive damages, however, and affirmed the district court’s dismissal of Wade’s claims for compensatory and punitive damages because he failed to meet § 1997e(e)’s physical injury requirement. Id. at 1286-87, 1290 (“We also AFFIRM the district court’s dismissal of plaintiff Wade’s claims for compensatory and punitive damages ....”). Nor did the Harris Court explicit[*1197] ly or impliedly limit its punitive damage holding to cases in which a prisoner pleads a “mental or emotional” injury. [5] Rather, the Harris Court focused only on the statute’s physical injury requirement, and did not distinguish between cases in which a prisoner pleads a “mental or emotional injury” and those where a prisoner does not so plead.

The Harris Court underscored that “Congress has wide latitude to decide how violations of [federal] rights shall be remedied” and that, through the PLRA, “Congress has chosen to enforce prisoners’ constitutional rights through suits for declaratory and injunctive relief, and not through actions for damages.” Id,, at 1289. Later, the Harris Court reiterated that “[prisoners still retain a reasonably adequate opportunity to seek relief from constitutional violations that do not involve physical injury, because they may still file suits for declaratory and injunctive relief. They simply may not recover monetary damages for such claims.” Id. at 1290 (internal quotation marks omitted).

To support this conclusion, the Harris Court cited Davis v. District of Columbia, 158 F.3d 1342, 1346-47 (D.C.Cir.1998) (upholding § 1997e(e) against constitutional challenge because “remaining remedies are ample” where prisoners subjected to constitutional violations may sue for injunctive and declaratory relief or may sue for damages with a qualifying physical injury) and Zehner v. Trigg, 133 F.3d 459, 462-63 (7th Cir.1997) (stating that, although some prisoner plaintiffs may be without any relief, “the Constitution does not demand an individually effective remedy for every constitutional violation”). Harris, 190 F.3d at 1288-89. Importantly, in Davis, as in Harris, the D.C. Circuit concluded that the plaintiffs punitive damage claim could not proceed in light of his failure to satisfy § 1997e(e)’s physical injury requirement. In refusing to provide a carve-out for punitive damage claims, the D.C. Circuit stated, “much if not all of Congress’s evident intent would be thwarted if prisoners could surmount § 1997e(e) simply by adding a claim for punitive damages and an assertion that the defendant acted maliciously.” [6] Davis, 158 F.3d at 1348.

On rehearing en banc, this Court reinstated the portion of the Harris panel’s opinion recited above. Harris, 216 F.3d at 972. In so doing, the en banc Court reiterated that constitutional claims are not treated as exceptional by the PLRA: “Section 1997e(e) unequivocally states that ‘No Federal Civil Action may be brought ...,’ and ‘no’ means no. The clear and broad statutory language does not permit us to except any type of claims, including constitutional claims.” Id. at 984-85 (internal citation omitted). The PLRA’s preclusive effect thus applied equally to all constitutional claims, as the Court did not distinguish between constitutional claims frequently accompanied by physical injury (e.g., Eighth Amendment violations) and those rarely accompanied by physical injury (e.g., First Amendment violations).

To summarize, the Harris Court dismissed plaintiff Wade’s punitive dam[*1198] ages claim because he did not satisfy § 1997e(e)’s physical injury requirement, though it left open the possibility that nominal damages might still be recoverable despite § 1997e(e)’s limitation on recovery. Sitting en banc, this Court left these portions of the Harris panel opinion undisturbed and clarified that the PLRA applied equally to constitutional claims. We conclude that Harris, standing alone, sufficiently forecloses the punitive damage relief sought by Al-Amin, given that his constitutional claim does not meet § 1997e(e)’s physical injury requirement. We cite subsequent cases below that bolster our conclusion.

B. Smith v. Allen

In Smith v. Allen, 502 F.3d 1255 (11th Cir.2007), a prisoner filed a lawsuit alleging that members of the Religious Activities Review Committee of the Alabama Department of Corrections violated his rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), the First Amendment, and the Equal Protection Clause by disallowing his possession of certain religious items. Id. at 1260-61. In addressing what forms of recovery the PLRA precludes, the Smith Court observed that “a prisoner plaintiffs right to monetary relief is severely circumscribed by the terms of the Prisoner [sic] Litigation Reform Act.” Id. at 1271 (emphasis omitted).

As in Al-Amin’s case, Smith alleged constitutional violations — including a First Amendment violation — but no physical harm. Id. As in Al-Amin’s case, Smith sought punitive damages. Id. However, the Smith Court concluded that the PLRA, along with our Circuit’s precedents, prevented a prisoner plaintiff from seeking punitive damages in the absence of a physical injury: “[Smith] seeks nominal, compensatory, and punitive damages. It is clear from our case law, however, that the latter two types of damages are precluded under the PLRA, Napier, 314 F.3d at 532, but that nominal damages may still be recoverable. Hughes, 350 F.3d at 1162.” Smith, 502 F.3d at 1271. Accordingly, the Smith Court stated, “it is clear that Smith’s monetary award, if any, will be limited to a grant of nominal damages, in light of the limiting language of § 1997[e](e).” Id.

Al-Amin attempts to sidestep the clear import of this language by arguing that (1) the Smith Court’s citation to Napier is inapposite because Napier never addressed punitive damages, and (2) this passage is dicta because the Smith Court ultimately concluded that Smith failed to establish a prima facie RLUIPA violation.

We are unpersuaded by Al-Amin’s argument that Napier had nothing to do with punitive damages. While it is true that the Napier Court did not specifically discuss punitive damages, it is evident that Napier followed Harris’s conclusion that punitive damages cannot be recovered for claims — constitutional or otherwise — that do not meet § 1997e(e)’s physical injury requirement.

First, on the same page of the Napier opinion cited by the Smith Court, the Napier Court cited Harris’s statement that the PLRA encompasses all federal claims, including constitutional claims. Napier, 314 F.3d at 532 (citing Harris, 216 F.3d at 984-85).

Second, the Napier Court ultimately held that “[t]he PLRA forbids the litigation of this lawsuit while Napier is imprisoned, as he complains of injury occurring while he was in custody, and he did not allege physical injury arising from the actions of the defendant officers.” Id. at 534. The district court had ruled, inter alia, that Napier’s “claim for punitive damages is barred as well since 1997e(e) draws no distinction between monetary damages for punishment and damages for compen[*1199] sation of the victim.” [7] Napier v. Preslicka, No. 3:00-cv-156, slip op. at 5 (M.D.Fla. May 12, 2000). The Napier Court then affirmed the district court’s dismissal of Napier’s entire claim. 314 F.3d at 534. Therefore, the Napier Court concluded, albeit sub silentio, that Napier’s punitive claim was barred by § 1997e(e) just as much as his compensatory claim.

The Smith Court did not purport to be announcing its own interpretation of the PLRA. Rather, it believed it was simply following what had already been decided by this Circuit in Harris and Napier; namely, that punitive damages are precluded under the PLRA in the absence of physical injury. We agree with Smith’s assessment.

C. Summary of Our Precedents

In sum, our published precedents have affirmed district court dismissals of punitive damage claims under the PLRA because the plaintiffs failed to meet § 1997e(e)’s physical injury requirement. See Harris, 190 F.3d at 1290; Napier, 314 F.3d at 534. [8] Moreover, at least one published opinion has affirmatively stated that, according to the law of our Circuit, the PLRA precludes the recovery of punitive damages in the absence of physical injury. [9] See Smith, 502 F.3d at 1271. Importantly too, the overall tenor of Harris and its progeny, when taken together, unmistakably supports this result.

V. CONCLUSION

For the foregoing reasons, we affirm the district court’s grant of Defendants’ motion in limine precluding Plaintiff Al-Amin from offering evidence to support an award of punitive damages. [10]

AFFIRMED.

1

. The parties consented to transfer the case to a magistrate judge. For the salce of simplicity, we use the term "district court" throughout.

2

. Citing security concerns, the state transferred Al-Amin to a federal prison in August 2007, where he is serving a life sentence. Al-Amin, 511 F.3d at 1320 n. 2.

3

. Defendants were also sued in their official capacities, but a July 2005 district court order dismissed these claims as barred by the Eleventh Amendment. Al-Amin, 511 F.3d at 1322 n. 10. We also note that Defendants' brief on appeal refers to Sanche Martin as "Sanche Jackson.” As Defendants have not requested that the case caption be modified to reflect a name change, we refer to her as "Martin” throughout.

4

. In this first appeal, our interlocutory jurisdiction extended only to qualified immunity issues and we did not address punitive damages. Al-Amin, 511 F.3d at 1335 n. 35.

5

. As Defendants argue, a contrary holding would lead to illogical results. Prisoner plaintiffs could avoid the statutory bar of § 1997e(e) by artful pleading: a plaintiff who alleged an emotional injury from a First Amendment violation and sought only punitive damages would be precluded from any recovery, whereas another plaintiff suffering the same First Amendment violation could recover punitive damages so long as he pleaded no injury whatsoever. The words ''mental” and "emotional” would thus achieve talismanic significance in prisoner pleadings.

6

. The Davis court also commented that "[t]he interpretive issue posed by § 1997e(e) is clearly harder [for nominal damages] than for punitive damages.” 158 F.3d at 1349.

7

. The plaintiff in Napier sought in his complaint to recover $100,000 in punitive damages.

8

. Given our Circuit's prior panel precedent rule, we follow these cases. See United. States v. Smith, 122 F.3d 1355, 1359 (11th Cir.1997) ("Under the prior panel precedent rule, we are bound by earlier panel holdings ... unless and until they are overruled en banc or by the Supreme Court.”).

9

. A circuit split exists as to the availability of punitive damages under the PLRA. Some courts have endorsed the view that § 1997e(e) does not apply to certain constitutional claims at all. See, e.g., Rowe v. Shake, 196 F.3d 778, 781-82 (7th Cir. 1999); Canell v. Lightner, 143 F.3d 1210, 1213 (9th Cir. 1998). This stands in direct opposition to our en banc opinion in Harris. See Harris, 216 F.3d at 984-85 (“Section 1997e(e) unequivocally states that 'No Federal Civil Action may be brought ..and 'no' means no. The clear and broad statutory language does not permit us to except any type of claims, including constitutional claims.” (internal citation omitted)).

Other courts have held that, while § 1997e(e) applies to constitutional claims, it bars only compensatory damages in the absence of physical injury and does not apply to punitive damages for constitutional claims. See, e.g., Hutchins v. McDaniels, 512 F.3d 193, 197-98 (5th Cir.2007); Royal v. Kautzky, 375 F.3d 720, 723 (8th Cir.2004); Thompson v. Carter, 284 F.3d 411, 418 (2d Cir.2002). Meanwhile, the D.C. Circuit has concluded, in accord with our Circuit, that § 1997e(e) draws no such distinction between compensatory and punitive damages. See Davis, 158 F.3d at 1348.

10

. Since we find that § 1997e(e) prevents Al-Amin, in the absence of physical injury, from offering evidence supporting an award of punitive damages in this action, we need not consider the validity or timeliness of Defendants’ alternative argument that 18 U.S.C. § 3626 prohibits punitive damage recovery as well. We also stress that this opinion does not address Al-Amin's ability to recover nominal damages, as this issue is not presently before us.