569 F. App'x 697
11th Cir.2014Background
- Jackson, a Florida prisoner, sues Putnam Correctional Institution officials under 42 U.S.C. § 1983 for disposal of his personal property.
- He also alleges retaliation for filing grievances, including isolation and psychological testing, causing emotional and physical stress.
- The district court sua sponte dismissed the second amended complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).
- The court held the property claim cognizable only via state postdeprivation remedies and lacked cognizable due process violation under federal law.
- The court also held damages for emotional/psychological injuries barred by 42 U.S.C. § 1997e(e), and declined to award damages for health effects.
- The court vacated and remanded to consider nominal damages for retaliation, and the appellate court affirmed in part, vacating/remanding in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the property disposal claim was cognizable under § 1983. | Jackson argues due process violation without adequate state remedy. | District court held postdeprivation remedy under state law suffices; no federal due process violation. | Affirmed part; property claim barred by state remedies. |
| Whether damages for emotional/physical injuries from retaliation are barred by § 1997e(e). | seeks compensatory/punitive damages for mental/physical injuries. | § 1997e(e) bars such damages absent physical injury beyond de minimis. | Affirmed part; emotional damage barred; physical injury not shown. |
| Whether nominal damages may be recovered for retaliation. | Nominal damages should be available for violation of a fundamental right. | Nominal damages not considered due to failure to request relief. | Remanded to consider nominal damages for retaliation claim. |
| Whether the district court erred by not considering nominal damages for retaliation claim. | Pro se pleadings should be liberally construed to permit nominal damages. | Not necessary if the complaint lacks requested relief. | Remanded for district court to assess nominal damages. |
Key Cases Cited
- Hudson v. Palmer, 468 U.S. 517 (1984) (pre-deprivation remedy analysis for property claims)
- Parratt v. Taylor, 451 U.S. 527 (1981) (procedural due process in post-deprivation context)
- Case v. Eslinger, 555 F.3d 1317 (11th Cir. 2009) (Florida conversion and property-claim context)
- Napier v. Preslicka, 314 F.3d 528 (11th Cir. 2002) (emotional injuries and § 1997e(e) considerations)
- Mitchell v. Brown & Williamson Tobacco Corp., 294 F.3d 1309 (11th Cir. 2002) (requirements for proving non-physical injuries under § 1997e(e))
- Wildberger v. Bracknell, 869 F.2d 1467 (11th Cir. 1989) (retaliation claim under First Amendment grounds for nominal damages)
- Hughes v. Lott, 350 F.3d 1157 (11th Cir. 2003) (nominal damages where fundamental rights violated)
- Pelphrey v. Cobb County, Ga., 547 F.3d 1263 (11th Cir. 2008) (nominal damages for retaliation claims in prison contexts)
- Smith v. Allen, 502 F.3d 1255 (11th Cir. 2007) (nominal damages not precluded by statute; relation to damages theory)