James W. Kerr v. Steven Puckett, 138 F.3d 321 (7th Cir. 1998). · Go Syfert
James W. Kerr v. Steven Puckett, 138 F.3d 321 (7th Cir. 1998). Cases Citing This Book View Copy Cite
156 citation events (97 in the last 25 years) across 31 distinct courts.
Strongest positive: Ian Dawes v. Hans Walker (ca2, 2001-02-08)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ian Dawes v. Hans Walker
2d Cir. · 2001 · signal: see also · quote attribution · 1 verbatim quote · confidence high
congress deemed prisoners to be pestiferous litigants because they have so much free time on their hands and there are few costs to filing suit.
discussed Cited as authority (verbatim quote) Amatel, Joseph v. Hawk, Kathleen
D.C. Cir. · 1998 · signal: compare · quote attribution · 1 verbatim quote · confidence high
congress abandoned 'rehabilitation' as a justification of imprisonment when it enacted the sentencing reform act of 1984.
discussed Cited as authority (rule) Welsh v. Thorne
N.D. Tex. · 2023 · confidence medium
See Harris v. Garner, 216 F.3d 970, 975 (11th Cir. 2000) (“It is confinement status at the time the lawsuit is ‘brought,’ 1.e., filed, that matters.”); Kerr v. Puckett, 138 F.3d 321, 322-23 (7th Cir. 1998) (concluding that for purposes of applying the PLRA, a plaintiff's confinement status at the time the litigation begins is all that matters, not his status at the time of the injury—so a parolee-plaintiff avoided the application of the PLRA by waiting to file his lawsuit until after his release from prison).
discussed Cited as authority (rule) Spencer v. Vagnini
E.D. Wis. · 2023 · confidence medium
The Seventh Circuit repeatedly has said that to determine whether a plaintiff is a “prisoner” as the PLRA defines it, the court “must look to the status of the plaintiff at the time he brings his suit.” Witzke v. Femal, 376 F.3d 744, 750 (7th Cir. 2004) (citing Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998); Ahmed v. Dragovich, 297 F.3d 201 , 210 n.10 (3d Cir. 2002)); and others).
cited Cited as authority (rule) Abernathy v. Heinfer
S.D. Ill. · 2023 · confidence medium
Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998); Dixon v. Page, 291 F.3d 485 , 491 n. 1 (7th Cir. 2002).
discussed Cited as authority (rule) Carter v. Watson
E.D. Wis. · 2022 · confidence medium
But the PLRA and its exhaustion requirement do not apply to a prisoner who brings suit after he is released from custody and is thus “no longer confined in a jail, prison, or other correctional facility.” Kerr v. Puckett, 138 F.3d 321, 322 (7th Cir. 1998).
discussed Cited as authority (rule) JAY v. MCC WINDHAM
D. Me. · 2021 · signal: cf. · confidence medium
Ky. Apr. 17, 2015) (same); cf. Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998) (reversing district court’s application of 28 U.S.C. § 1997e(e) because the plaintiff filed suit after his release); Shirley v. Franklin, No. 2:08–cv–00741, 2008 WL 2074423 , at *1 (D.
cited Cited as authority (rule) Mieloszyk v. McBride
S.D. Ill. · 2020 · confidence medium
Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998).
discussed Cited as authority (rule) House, Donald v. De Rouin, P.
W.D. Wis. · 2020 · signal: cf. · confidence medium
See § 1997e(a) (exhaustion requirement applies to actions brought by “prisoner[s] confined in any jail, prison, or other correctional facility.”); Kaba v. Stepp, 458 F.3d 678, 680 (7th Cir. 2006) (“exhaustion would no longer be a problem if [plaintiff] were to re-file, because that rule applies only to prisoners”); cf. Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998) (section 1997e(e) limitation on recovery for mental or emotional injury did not apply to plaintiff who filed lawsuit after release).
discussed Cited as authority (rule) Lester v. Louisville/Jefferson County Metro Government
W.D. Ky. · 2020 · confidence medium
Nonetheless, the Court considers it. 3 See Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Michau v. Charleston County, 434 F.3d 725, 727 (4th Cir.2006); Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998); Nerness v. Johnson, 401 F.3d 874, 876 (8th Cir.2005); Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir.2000); Norton v. City of Marietta, 432 F.3d 1145, 1150 (10th Cir.2005); Harris v. Garner, 216 F.3d 970 , 979–80 (11th Cir.2000). 5 “inmate” is defined as “any person confined in ei…
cited Cited as authority (rule) Coleman v. Roberts
E.D. Mich. · 2020 · confidence medium
Sheriff's Office, 657 F.3d 890, 892 (9th Cir. 2011); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998).
discussed Cited as authority (rule) Klein v. Federal Bureau of Prisons
W.D. Tex. · 2020 · confidence medium
Greig v. Goord, 169 F.3d 165 (2d Cir. 1999); Garrett v. Wexford Health, 938 F.3d 69 (3d Cir. 2019); Kerr v. Puckett, 138 F.3d 321, 322-23 (7th Cir. 1998); Nerness v. Johnson, 401 F.3d 874 (8th Cir. 2005); Jackson v. Fong, 870 F.3d 928 (9th Cir. 2017); Norton v. City of Marietta, 432 F.3d 1145 (10th Cir. 2005); Caddell v. Livingston, No. 4:14-CV-3323, 2015 WL 1247003 (S.D.
cited Cited as authority (rule) Mieloszyk v. McBride
S.D. Ill. · 2020 · confidence medium
Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998).
cited Cited as authority (rule) Lemke v. Allen
S.D. Ill. · 2020 · confidence medium
Kerr v. Puckett, 138 F.3d 321, 322 (7th Cir. 1998) (quoting 42 U.S.C. § 1997e(h) (emphasis in original)).
cited Cited as authority (rule) Moultrie v. County of Jackson
S.D. Ill. · 2019 · confidence medium
Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998).
cited Cited as authority (rule) Cano v. City of New York
E.D.N.Y · 2014 · confidence medium
See Harris v. Garner, 216 F.3d 970 , 979-80 (11th Cir.2000) (en banc); Kerr v. Puckett, 138 F.3d 321, 322-23 (7th Cir.1998); see also Byrne v. Trudell, 12-CV-245, 2013 WL 2237820 , at *25 (D.Vt.
discussed Cited as authority (rule) John Lesesne v. John Doe
D.C. Cir. · 2013 · confidence medium
See Talamantes v. Leyva, 575 F.3d 1021, 1023-24 (9th Cir.2009); Cofield v. Bowser, 247 Fed.Appx. 413, 414 (4th Cir.2007); Norton v. City of Marietta, 432 F.3d 1145 , *588 1150-51 (10th Cir.2005); Nerness v. Johnson, 401 F.3d 874, 876 (8th Cir.2005); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); see also Harris v. Garner, 216 F.3d 970, 974-75 (11th Cir.2000) (en banc) (interpreting parallel language in 42 U.S.C. § 1997e(e)); Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000) (interpreting § 1997e(d)); Kerr v. Puckett, 138 F.3d 321, 323…
discussed Cited as authority (rule) Zimmerman v. Schaeffer
M.D. Penn. · 2009 · confidence medium
Id.; see also Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998); Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000); Doe v. Washington Cty., 150 F.3d 920 , 924 (8th Cir.1998).
discussed Cited as authority (rule) McBean v. City of New York
S.D.N.Y. · 2009 · confidence medium
In Kerr v. Puckett, 138 F.3d 321, 322-23 (7th Cir.1998) (Easterbrook, J.), the Seventh Circuit examined the plain language of § 1997e(e) and similarly concluded that Congress intended to exclude the possibility “that ‘prisoner’ refers to the plaintiffs status at the time of the injury rather than at the time the litigation begins.” Id. at 323; see id. (finding that the “[t]he statutory language does not leave wriggle room” and holding that “by waiting until his release from prison [plaintiff] avoided § 1997e(e).”).
discussed Cited as authority (rule) Talamantes v. Leyva
9th Cir. · 2009 · confidence medium
See, e.g., Norton v. City of Marietta, 432 F.3d 1145, 1149-51 (10th Cir.2005) (per curiam); Nemess v. Johnson, 401 F.3d 874, 876 (8th Cir.2005); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999) (per curiam); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
discussed Cited as authority (rule) Talamantes v. Leyva
9th Cir. · 2009 · confidence medium
See, e.g., 10576 TALAMANTES v. LEYVA Norton v. City of Marietta, 432 F.3d 1145, 1149-51 (10th Cir. 2005) (per curiam); Nerness v. Johnson, 401 F.3d 874, 876 (8th Cir. 2005); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir. 2002); Greig v. Goord, 169 F.3d 165, 167 (2d Cir. 1999) (per curiam); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998). [6] In this case, it is undisputed that Talamantes was released from custody over a year before filing his action in federal court.
discussed Cited as authority (rule) Dolberry v. Levine
W.D.N.Y. · 2008 · confidence medium
See, e.g., Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir.2000) (“prisoner” as used in § 1915(g) means an individual who is detained at the time his action or appeal is filed); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (holding that “a convict out on parole is not a prisoner, or a ‘person incarcerated or detained in any facility’ ”).
discussed Cited as authority (rule) Banks v. York
D.D.C. · 2007 · confidence medium
See Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002) (plaintiff, who filed suit prior to his release from prison, was bound by the PLRA and could not free himself of its strictures by amending his complaint after his release); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) ("prisoner” refers to the plaintiff's status at the time the litigation begins). 8 .
discussed Cited as authority (rule) Torres Rios v. Pereira Castillo
D.P.R. · 2007 · confidence medium
See, e.g., Norton v. The City of Marietta, 432 F.3d 1145, 1149-1151 (10th Cir.2005); Ahmed v. Dragovich, 297 F.3d 201, 210 (3rd Cir.2002); Greig v. Goord, 169 F.3d 165, 167 (2nd Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
discussed Cited as authority (rule) United States v. Jeremy Goldberg
7th Cir. · 2007 · confidence medium
That is not the theory of either the criminal code or the Sentencing Reform Act, which actually downplays the significance of rehabilitation as a penological goal by rejecting imprisonment as a means of promoting it. 28 U.S.C. § 994 (k); Mistretta v. United States, 488 U.S. 361, 367 , 109 S.Ct. 647 , 102 L.Ed.2d 714 (1989); Kerr v. Puckett, 138 F.3d 321, 324 (7th Cir.1998).
discussed Cited as authority (rule) United States v. Goldberg, Jeremy
7th Cir. · 2007 · confidence medium
That is not the theory of either the criminal code or the Sentencing Reform Act, which actually downplays the significance of rehabilitation as a penological goal by rejecting imprisonment as a means of promoting it. 28 U.S.C. § 994 (k); Mistretta v. United States, 488 U.S. 361, 367 (1989); Kerr v. Puckett, 138 F.3d 321, 324 (7th Cir. 1998).
discussed Cited as authority (rule) Mabry v. Freeman (2×) also: Cited "see"
E.D. Mich. · 2007 · confidence medium
See Michau v. Charleston County, 434 F.3d 725, 727 (4th Cir.2006) (holding that the PLRA’s exhaustion requirement does not apply to a plaintiff who is not a prisoner as defined in the Act when the suit is filed); Nerness v. Johnson, 401 F.3d 874, 876 (8th Cir.2005) (same); Norton v. City of Marietta, 432 F.3d 1145, 1150 (10th Cir.2005) (finding that a former inmate does not have to satisfy the PLRA’s exhaustion requirement before bringing suit); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002) (same); Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000) (same); Page v. Torrey, 201 F.3d …
discussed Cited as authority (rule) Calia v. Werholtz (2×) also: Cited "see, e.g."
D. Kan. · 2005 · confidence medium
See Perkins v. Hedricks, 340 F.3d 582, 582 (8th Cir.2003) (holding that plaintiff, who was civilly committed, was not a "prisoner” within the meaning of the PLRA and, therefore, the exhaustion requirements of the Act did not apply to plaintiff's civil action); Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002) (adopting the view that a prisoner who has been released is not precluded by the PLRA exhaustion requirement from filing a § 1983 suit based on the conditions of his confinement because “[a]ny other view would also be inconsistent with the spirit of the PLRA, which was designed to …
discussed Cited as authority (rule) Norton v. City of Marietta
10th Cir. · 2005 · confidence medium
Prisoners often have an abundance of time, while facing a restricted number of enjoyable activities with which to pass the time other than filing suits.” Witzke, 376 F.3d at 750 ; see also Greig, 169 F.3d at 167 (noting two senators’ statements about the incentives for prisoners to file suit); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (“Congress deemed prisoners to be pestiferous litigants because they have so much free time on their hands and there are few costs to filing suit.”).
discussed Cited as authority (rule) Rose v. Saginaw County (2×)
E.D. Mich. · 2005 · confidence medium
See Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir.2000) (holding that the exhaustion requirement applies only to “individuals who, at the time they seek to file their civil actions, are detained as a result of being accused of, convicted of, or sentenced for criminal offenses”); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999) (former prisoner not required to comply with PLRA); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (same); Doe v. Washington County, 150 F.3d 920 , 924 (8th Cir.1998) (same); Kritenbrink v. Crawford, 313 F.Supp.2d 1043, 1047-48 (D.Nev.2004) (stating that the “plai…
discussed Cited as authority (rule) Rivera-Quinones v. Rivera-Gonzalez
D.P.R. · 2005 · confidence medium
Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000); Doe v. Washington County, 150 F.3d 920, 924 (8th Cir.1998); Kerr v. Puckett, 138 F.3d 321, 322-23 (7th Cir.1998). “[L]itigants... who file prison condition actions after release from confinement are no longer ‘prisoners’ for purposes of § 1997e(a) and, therefore, need not satisfy the exhaustion requirements of this provision.” Greig v. Goord, 169 F.3d 165, 167 (2nd Cir.1999).
discussed Cited as authority (rule) Joseph Berry v. Bernard B. Kerik, Commissioner of New York City Department of Corrections, Joseph T. Berry v. Bernard B. Kerik, Commissioner of New York City Department of Corrections
2d Cir. · 2004 · confidence medium
See Dixon v. Page, 291 F.3d 485, 488-89 (7th Cir.2002) (exhaustion required for released prisoner who was confined when he filed his lawsuit); Harris v. Garner, 216 F.3d 970, 978 (11th Cir.2000) (in banc) (same); cf. Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999) (exhaustion not required for former prisoner who is not confined at the time he files his lawsuit); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (same); Doe v. Washington County, 150 F.3d 920 , 924 (8th Cir.1998) (same).
discussed Cited as authority (rule) Berry v. Kerik
2d Cir. · 2004 · confidence medium
See Dixon v. Page, 291 F.3d 485, 488-89 (7th Cir.2002) (exhaustion required for released prisoner who was confined when he filed his lawsuit); Harris v. Garner, 216 F.3d 970, 978 (11th Cir.2000) (in banc) (same); cf. Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999) (exhaustion not required for former prisoner who is not confined at the time he files his lawsuit); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (same); Doe v. Washington County, 150 F.3d 920, 924 (8th Cir.1998) (same).
discussed Cited as authority (rule) Chase v. Peay
D. Maryland · 2003 · signal: cf. · confidence medium
See Harris v. Garner, 216 F.3d 970, 973-74 (11th Cir.2000) (en banc), cert. denied, 532 U.S. 1065 , 121 S.Ct. 2214 , 150 L.Ed.2d 208 (2001); cf. Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (applying § 1997e(e) to the plaintiffs status at the time of filing and holding that a former prisoner is not subject to the physical injury requirement if he has been released at the time of fifing).
discussed Cited as authority (rule) Cedric Johnson v. George M. Daley, and United States of America, Intervenor-Appellant (2×)
7th Cir. · 2003 · signal: cf. · confidence medium
Cf. Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (holding that prisoner as defined in 42 U.S.C. § 1997e(h) does not comprehend a felon who has been released).
discussed Cited as authority (rule) Johnson, Cedric v. Daley, George M.
7th Cir. · 2003 · signal: cf. · confidence medium
Cf. Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998) (holding that prisoner as defined in 42 U.S.C. § 1997e(h) does not comprehend a felon who has been released).
discussed Cited as authority (rule) Jerry L. Cox v. Jan Mayer, Dr. (2×)
6th Cir. · 2003 · confidence medium
See Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999) (reasoning that the justifications for the exhaustion requirement “simply do not apply to individuals who were formerly incarcerated”); Doe v. Washington County, 150 F.3d 920 , 924 (8th Cir.1998) (“Congress therefore fully intended to distinguish between those who are 'prisoners’ when they decide whether to file a complaint and those who are not.”); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (suggesting that Congress sought to impose limits on current inmates, not former inmates, and that "[t]he statutory language does not le…
discussed Cited as authority (rule) Smith v. Franklin County
E.D. Ky. · 2002 · confidence medium
See Abdul-Akbar v. McKelvie, 239 F.3d 307, 314 (3rd Cir.2001); Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000); Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir.2000); Harris v. Garner, 216 F.3d 970, 981 (11th Cir.2000); Greig v. Goord, 169 F.3d 165, 167 (2nd Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998); Doe v. McKee, 150 F.3d 920 , 924 (8th Cir.1998).
cited Cited as authority (rule) Brooks v. GRANDMA'S HOUSE DAY CARE CENTERS, INC.
E.D. Wis. · 2002 · confidence medium
Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
discussed Cited as authority (rule) Simpson v. Gallant
D. Me. · 2002 · confidence medium
Other Circuit Courts of Appeal have reached similar conclusions in addressing former-prisoner status and the exhaustion requirement, see Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir.2002); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999), and other limitations placed on prisoner suits by the Prison Litigation Reform Act (PLRA), Janes v. Hernandez, 215 F.3d 541, 543 (5th Cir.2000) (attorney fee limitation of § 1997e(d)); Nerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (mental and emotional injury damages limitation of § 1997e(e)).
discussed Cited as authority (rule) Bryant S. Troville v. Greg Venz
11th Cir. · 2002 · confidence medium
See, e.g., Agyeman v. INS, 296 F.3d 871 (9th Cir.2002) (holding that an INS detainee is not a “prisoner” under the PLRA); LaFontant v. INS, 135 F.3d 158, 165 (D.C.Cir.1998) (same); Ojo v. INS, 106 F.3d 680, 682 (5th Cir.1997) (same); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999) (holding that a former prisoner was not required to comply with the PLRA); Doe v. Washington County, 150 F.3d 920, 924 (8th Cir.1998) (same); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (same).
cited Cited as authority (rule) Simpson v. Gallant
D. Me. · 2002 · confidence medium
See, e.g., Harris v. Garner, 216 F.3d 970, 973-80 (11th Cir.2000); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
discussed Cited as authority (rule) Ali Ahmed v. Dragovich
3rd Cir. · 2002 · confidence medium
But see Williams v. Norris, 176 F.3d 1089 , 1090 (8th Cir.1999) (permitting prisoner to continue action where he exhausted "at the time the court ruled"). 10 We note that every court of appeals to have considered the issue has held that the PLRA does not apply to actions filed by former prisoners See, e.g., Harris v. Garner, 216 F.3d 970, 979-80 (11th Cir.2000) (en banc) (determining PLRA not applicable to complaints filed by former prisoners for complaints regarding prison conditions prior to release, and concluding dismissals should be without prejudice to refiling on release), cert. denied,…
discussed Cited as authority (rule) Ahmed v. Dragovich
3rd Cir. · 2002 · confidence medium
See, e.g., Harris v. Garner, 216 F.3d 970, 979-80 (11th Cir.2000) (en banc) (determining PLRA not applicable to complaints filed by former prisoners for complaints regarding prison conditions prior to release, and concluding dismissals should be without prejudice to refiling on release), cert. denied, 532 U.S. 1065 , 121 S.Ct. 2214 , 150 L.Ed.2d 208 (2001); Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir.2000); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998) (determining PLRA not applicable to suit filed by inmate after he was released on parole)…
discussed Cited as authority (rule) Medina-Claudio v. Commonwealth of PR
1st Cir. · 2002 · confidence medium
See, e.g., Janes v. Hernández, 215 F.3d 541, 543 (5th *35 Cir.2000), cert. denied, 531 U.S. 1113 , 121 S.Ct. 858 , 148 L.Ed.2d 772 (2001); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
discussed Cited as authority (rule) No. 01-2153
1st Cir. · 2002 · confidence medium
See, e.g., Janes v. Hernández, 215 F.3d 541, 543 (5th Cir.2000), cert. denied, 531 U.S. 1113 , 121 S.Ct. 858 , 148 L.Ed.2d 772 (2001); Greig v. Goord, 169 F.3d 165, 167 (2d Cir.1999); Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir.1998). 17 Medina-Claudio also points to Article III of the AOC's Regulations for the Handling of Grievances and Complaints Filed by Inmates, which provides, in part, that "[t]his regulation shall apply to the employees of the Correction Administration of the Commonwealth of Puerto Rico, and, to all the inmates in penal institutions administered by said Agency." Accordi…
discussed Cited as authority (rule) Dixon, Marcus v. Page, Thomas (2×) also: Cited "see"
7th Cir. · 2002 · confidence medium
Kerr v. Puckett, 138 F.3d 321, 323 (7th Cir. 1998).
discussed Cited as authority (rule) Marcus Dixon v. Thomas Page (2×) also: Cited "see"
7th Cir. · 2002 · confidence medium
Kent v. Puckett, 138 F.3d 321, 323 (7th Cir.1998).
discussed Cited as authority (rule) Doan v. Watson
S.D. Ind. · 2001 · confidence medium
In language directly addressing Defendants’ arguments regarding Zehner, the court stated that its affirmation of the dismissal in Zehner was based not on the application of the PLRA to former prisoners, but “on other grounds.” Id. at 322.
Retrieving the full opinion text from the archive…
James W. KERR, Plaintiff-Appellant,
v.
Steven PUCKETT, Et Al., Defendants-Appellees
97-2566.
Court of Appeals for the Seventh Circuit.
Mar 10, 1998.
138 F.3d 321
1998 U.S. App. LEXIS 4129
1998 WL 100000
Timothy Alan Provis (argued), Madison, WI, for Plaintiff-Appellant., Michael J. Losse, Leonard Martin (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.
Cummings, Cudahy, Easterbrook.
Cited by 91 opinions  |  Published
EASTERBROOK, Circuit Judge.

James Kerr participated in several programs designed to reduce prisoners’ dependence on drugs and alcohol. Some programs’ religious components offended Kerr and. led to Kerr v. F.arrey, 95 F.3d 472, 476-80 (7th Cir.1996), which holds that a prison violates the establishment clause of the first amendment by making benefits such as parole contingent on receiving religious instruction and professing religious faith. But we added that the novelty of applying this principle to self-improvement programs in prison precludes an award of damages; public officials have qualified immunity unless clearly established law would have alerted them to the constitutional flaw. Id. at 480-81. Kerr tried other programs that used non-religious forms of behavior modification; he filed a second suit, (this one) complaining that “brainwashing” violates his constitutional rights. Following Farrey, the district court held that these defendants, too, have immunity from damages liability. 967 F.Supp. 354 (E.D.Wis. 1997). Because Kerr has been released on parole, id. at 356, damages are the only potential remedy, and he therefore lost outright.

The district court relied on 42 U.S.C. § 1997e(e) in addition to qualified immunity. This portion of the Prison Litigation Reform Act provides: “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.” Kerr brought the suit after he had been released on parole and was therefore no longer “confined in a jail, prison, or other correctional facility”. Nonetheless the district court'applied this statute, because “common sense and the overall purposes of the plra favor application of § 1997e(e) to actions brought by former prisoners.” 967 F.Supp. at 362, quoting from Zehner v. Trigg, 952 F.Supp. 1318, 1325 (S.D.lnd.), affirmed on other grounds, 133 F.3d 459 (7th Cir.1997). What sense would it make, the judge wondered, to say that a person may[*323] not recover damages for mental injuries while he remained in prison, but may seek that remedy the day after release?

“Common sense” is a treacherous guide to statutory interpretation. One person’s “common sense” is another’s béte noire. Statutes are compromises among legislators who may hold incompatible conceptions of the public weal. Some legislators opposed the plra outright; others wanted more sweeping restrictions on prisoners’ litigation; the actual statute satisfied few completely. Instead of relying on “common sense”, which is an invitation to treat the law as if one side or the other had its way, a court should implement the language actually enacted— provided the statute is not internally inconsistent or otherwise absurd. E.g., Salinas v. United States, — U.S. -,---, 118 S.Ct. 469, 473-74, 139 L.Ed.2d 352 (1997); Felker v. Turpin, 518 U.S. 651, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996). Section 1997e(e) as enacted is self-consistent and simple to understand. A “prisoner” cannot bring an action for mental injury unless he has suffered physical injury too. Just in ease anyone might be tempted to equate “prisoner” with “ex-prisoner” — to think that “prisoner” refers to the plaintiffs status at the time of the injury rather than at the time the litigation begins, cf. Robinson v. Shell Oil Co., — U.S. -, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997) — the statute says that its object is a “prisoner confined in a jail, prison, or other correctional facility” (emphasis added). Then there is an explicit definition in § 1997e(h):

As used in this section, the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.

The statutory language does not leave wriggle room; a convict out on parole is not a “person incarcerated or detained in any facility who is ... adjudicated delinquent for, violations of ... the terms and conditions of parole”. Most sections of the plra use the term “prisoner”, and we held in Robbins v. Switzer, 104 F.3d 895 (7th Cir.1997), that in 28 U.S.C. § 1915(b) this term does not comprehend a felon who has been released. § 1997e(h) shows that the same reading is right for § 1997e. So by waiting until his release from prison Kerr avoided § 1997e(e). Cf. Abdul-Wadood v. Nathan, 91 F.3d 1023 (7th Cir.1996) (holding with respect to another part of the plra that the court must determine the prisoner’s status on the date the suit or appeal is “brought” rather than at some other time). And a distinction between current and former prisoners makes a modicum of sense: Congress deemed prisoners to be pestiferous litigants because they have so much free time on their hands and there are few costs to filing suit. Opportunity costs of litigation rise following release, diminishing the need for special precautions against weak suits. Because § 1997e(e) does not apply by its terms, we need not consider whether the approach of Landgraf v. USI Film Products, 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994), coupled with the lack of any textual indication that the statute affects damages available for events predating its enactment, likewise would preclude its application to ■Kerr.

As for immunity: Kerr’s arguments largely rehash contentions resolved against him already. He contends that religion’s role in some programs entitles him to damages. We see no reason to revisit Farrey. Neither the Supreme Court nor any other court of appeals has criticized that opinion’s handling of the immunity issue. But, according to Kerr, “brainwashing” is different from religious indoctrination. The eighth amendment establishes that inhumane punishment is unconstitutional, so the right in question was definitively established long ago. This position depends on stating the right at such an high level of generality that it becomes a truism. That is not what Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987), instructs courts to do. We must determine whether the generalities of the Constitution have been made concrete, so that officeholders can understand the limits on their conduct. No court has ever held that “brainwashing” of prisoners as part of substance-abuse-control programs violates the' eighth amendment (or any other part of[*324] the Constitution). Prison ■ officials needn’t predict the outcome of cases yet to be brought. And the lack of precedent is not because these programs are so plainly unconstitutional that no one has ever needed'to litigate the point before. See K.H. v. Morgan, 914 F.2d 846, 851 (7th Cir.1990). Kerr’s brief narrates the features of the programs to which he most objects:

All of the prison drug rehabilitation programs administered by the Wisconsin prison system contain “criminal thinking” portions. The purpose of the “criminal thinking”' portions of the programs Mr. KERR was assigned to was to change the participants’ “attitudes, values, beliefs and thinking patterns.” One of the attitudes Mr. KERR was required to change by these programs was his belief in his Fourth Amendment rights.
The tactics used by the prison officials to change Mr. KERR’s attitudes included:
a) He was required to write and then read publicly to the program group confessions of his alleged “criminal thinking errors.”
b) He was required to write an autobiography which was then used against him by the social workers running the program.
c) He and others in the program were required to inform on each other five times a day about violating rules.
d) The social workers in the program used intimidation by screaming at Mr[.] KERR at length.
e) Mr. KERR was punished for a “criminal thinking error” by being required to scrub walls with a toothbrush for hours.
Mr. KERR was required to participate in the prison drug rehabilitation programs in order to secure the earliest possible parole.

App. Br. 4-5 (citations to record omitted). Elements of this kind are common to Alcoholics Anonymous, military basic training, and the “boot camp” programs that many prisons think offer prospects of rehabilitation. Perhaps it- is unrealistic to suppose that prisoners’ “criminal thinking” rather than other elements of their background or opportunities influence the recidivism rate; perhaps prison officials overstate the extent to which these programs affect the likelihood of “criminal thinking.” Congress abandoned “rehabilitation” as a justification of imprisonment when it enacted the Sentencing Reform Act of 1984. See 18 U.S.C. § 3582(a), 28 U.S.C. § 994(t). But states are free to approach matters otherwise, and to seek rehabilitation even if that entails programs that prisoners find unpleasant. Recall the text of the thirteenth amendment: “Neither slavery nor involuntary servitude, except as a pun? ishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Putting prisoners to work against their will, even scrubbing walls with toothbrushes, is hard to describe as a violation of the Constitution.

Many prisoners, of whom Kerr apparently was one, leap at the chance to get out early by participating in substance-abuse-control programs. They learn that there is no gain without pain. Imprisonment is not a kind way to produce either rehabilitation or specific deterrence; “tough love” may be the best medicine. Breaking rocks or other hard labor is a lot worse than the programs Wisconsin uses. If imprisonment at hard labor is constitutional (and not even Weems v. United States, 217 U.S. 349, 30 S.Ct. 544, 54 L.Ed. 793 (1910), doubts this), then it is impossible to say that the programs Kerr describes, which offer prisoners an opportunity to advance the date of their freedom in exchange for a few uncomfortable hours, violate the eighth amendment. These programs did not “clearly” violate the eighth amendment at the time Kerr was in prison, because they do not violate the eighth amendment even today. See Siegert v. Gilley, 500 U.S. 226, 232-33, 111 S.Ct. 1789, 1793-94, 114 L.Ed.2d 277 (1991).

Affirmed.