Opinion

Harris v. Garner

  • 216 F.3d 970
  • 2000 WL 827324
Court
Court of Appeals for the Eleventh Circuit
Filed
Jun 27, 2000
Status
Published
Author
Anderson
On the bench
Anderson, Barkett, Birch, Black, Carnes, Cox, Dubina, Edmondson, Hull, Marcus, Tjoflat, Wilson
Cited by
365 cases

stating, in reference to the Prison Litigation Reform Act’s exhaustion requirement, “[Federal Rule of Civil Procedure] 15(d) does authorize a court to permit a party to supplement a pleading even though the original pleading is defective in its statement of a claim for relief or defense. But that rule does not and cannot overrule a substantive requirement or restriction contained in a statute”

How later courts described this case

  • stating, in reference to the Prison Litigation Reform Act’s exhaustion requirement, “[Federal Rule of Civil Procedure] 15(d) does authorize a court to permit a party to supplement a pleading even though the original pleading is defective in its statement of a claim for relief or defense. But that rule does not and cannot overrule a substantive requirement or restriction contained in a statute”
  • finding that the text “[n]o federal civil action may be brought by a prisoner confined” in § 1997e(e) means that the statute’s bar on monetary relief absent a showing of phys- ical injury applies only to actions that were commenced at the time that the plaintiff was confined in prison
  • holding that because the plaintiffs were incarcerated when they commenced the action, notwithstanding the fact that they were released from confinement during the pendency of the action, 42 U.S.C. § 1997e(e) applied “with full force and effect to them.”
  • holding that the PLRA does not prevent a former prisoner from filing suit after his release, and therefore dismissal of an action under the PLRA must be "without prejudice to re-filing the claim if and when the plaintiff is released.”

Written by the judges who cited it.

The opinion

ANDERSON, Chief Judge,

concurring specially:

I concur in the result, and in much of the reasoning of the majority. I agree with the majority that the statutory language evinces a congressional purpose to discourage, indeed to bar, a prisoner from bringing a suit for mental or emotional injury suffered while in custody without a prior showing of physical injury. I do not believe that it is contrary to the statutory language to routinely dismiss such suits, even if the prisoner has been released *986 after the filing of the suit. Indeed, I believe dismissal would be the appropriate action in most such circumstances; and that dismissal would best serve the congressional language and purpose.

However, I agree with the dissent that Fed.R.Civ.P. 15(d) would provide some discretion in a district judge to entertain a supplemental pleading setting forth the fact of a prisoner’s release, and to avoid dismissing a case under some of the more unusual circumstances described by the dissent. In my judgment, a district court should exercise such discretion only rarely (for example, when a prisoner had a color-able claim of physical injury which has been tried to a jury and when a dismissal would involve a manifest waste of judicial resources).

Because it is clear to me that the instant case is not one in which the district judge would exercise discretion to avoid dismissal, a remand would be futile. Accordingly, I concur in the judgment affirming the district court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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