Dismissal of Inmate’s Speech Suit Stands Despite Circuit Split

The full Eleventh Circuit said Oct. 16 it won’t review a panel opinion rejecting an inmate’s claim he was retaliated against in violation of the First Amendment after he complained about the way he was treated during a frisk.

The Prison Litigation Reform Act prevents inmates from filing a civil action against a prison “for mental or emotional injury” suffered in custody unless they’ve shown a “physical injury.”

Eleventh Circuit precedent interprets the provision as barring punitive damages for First Amendment claims when prisoners haven’t suffered the requisite physical injury.

After a three-judge panel ruled Demetruis Carter couldn’t recover punitive ...