KEMNER v. HEMPHILL

No. 4:00-cv-24.

199 F.Supp.2d 1264 (2002)

Richard KEMNER, Plaintiff, v. Captain HEMPHILL, Defendant.

United States District Court, N.D. Florida.

May 3, 2002.


Attorney(s) appearing for the Case

Clyde M. Taylor, Jr., Clyde M. Taylor, III, Clyde M Taylor, Jr., PA, Tallahassee, FL, for plaintiff.

Richard Kemner, Blountstown, FL, pro se.

Kelly Overstreet Johnson, Broad & Cassel, Tallahassee, FL, Caryl Sue Kilinski, Attorney General, Tallahassee, FL, Joe Belitzky, Office of the Attorney General, Tallahassee, FL, Laureen Ella Galeoto, Broad & Cassel, Tallahassee, FL, for defendant.


ORDER

SHERRILL, United States Magistrate Judge.

This case is before me upon consent of the parties and referral by the district judge. Defendant has filed a memorandum of law, doc. 93, which will simultaneously be construed as a motion for partial judgment on the pleadings. Defendant contends that Plaintiff's claim for compensatory and punitive damages cannot survive the "physical injury" requirement of the PLRA, 42 U.S.C. § 1997e(e). That statute provides...

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