Posted On: December 21, 2007
PRISONER ABUSE CASE REVERSED
A prisoner stated a § 1983 civil rights claim won a rare appeal this month in a prison abuse case. The Fifth CIrcuit Court of Appeal held that Hutchins pleaded facts sufficient to survive dismissal under the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915A(b).
Hutchins alleged that prison guards - both male and famale guards - made him submit to a baseless prison body cavity search.
The case was dismissed by the District Court, but the Court of Appeal reversed stating Hutchins can attempt to prove nominal and punitive damages.
Hutchins v. McDaniels, 2007 U.S. App. LEXIS 29755 (5th Cir. December 21, 2007).
