U.S. Appeals Court: PLRA-Prison Litigation Reform Act: FAILURE TO PROTECT.

Liner v. Goord, 196 F.3d 132 (2nd Cir. 1999). A prisoner brought a [sections] 1983 action against prison officials alleging he was sexually assaulted on three separate occasions by correctional officers. The district court dismissed the complaint and the prisoner appealed. The appeals court affirmed in part, reversed in part and remanded. The appeals court held that the alleged policy or practice of the Commissioner of the Department of Correctional Services that permitted corrections officers to conduct intrusive body searches without "therapeutic supervision" supported a [sections] 1983 claim, even if the emotional distress claim required a showing of prior injury because the alleged sexual assaults qualified as more than de minimis physical injuries. The appeals court held that although the Prison Litigation Reform Act (PLRA) restricts an inmate's right to sue for emotional distress, "the law concerning the PLRA's exhaustion requirement is in great flux." (Attica Correctional Facility, New York)