Eleventh Circuit Joins Other Circuits: Punitive Damages Permitted Against Prisons Even Absent Physical Injury

En banc Eleventh Circuit: Prisoners can, in fact, recover punitive damages even in the absence of physical injury. "Our circuit stands alone in enforcing § 1997e(e) as a complete bar to punitive damages, no matter the substantive claim, in the absence of physical injury. Because our interpretation runs counter to the text of the statute, today we correct our course. We now recognize that §1997e(e) permits claims for punitive damages without a showing of physical injury."

The case is Conraad L. Hoever v. R. Marks, et al., No. 17-10792 (11th Cir. Apr. 9, 2021).