SWAN v. BANKS

No. 98-15481.

160 F.3d 1258 (1998)

Byron J. SWAN, Plaintiff-Appellant, v. T. BANKS; George Smith; C. Cooke; E.V. Rose; P.A. Polan; J.J. King; B. Streeter; Bruce Farris, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1998.


Attorney(s) appearing for the Case

Byron J. Swan, Represa, California, pro se for the plaintiff-appellant.

David M. Verhey, Deputy Attorney General, Sacramento, California, for the defendants-appellees.

Before: FARRIS, BRUNETTI, and SILVERMAN, Circuit Judges.


PER CURIAM.

Byron J. Swan, a California State prisoner, appeals pro se the district court's dismissal of his claim against Corrections Officer Banks. His appeal presents an issue of first impression, whether § 1997e(e) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), applies to an action brought before the enactment of the PLRA. We hold that its application is prospective only and reverse and remand.1

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