Eric D. Oliver v. Jerry Keller, Sheriff Kyle Edwards Dave Swiekert
Opinion
Opinion
Hawkins, J.
Appellant Erie Oliver brought a § 1983 action against Clark County, Nevada, the Clark County Sheriff, and two employees of the Clark County Detention Center (“Defendants”), alleging confinement in constitutionally infirm conditions.
In an issue of first impression in this Circuit, we must decide whether the district court correctly employed a de minim-is standard to interpret “physical injury” under § 1997e(e) of the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (“PLRA”). We also decide whether any physical injury requirement applies to claims other than those for mental and emotional injury. The district court had jurisdiction pursuant to 28 U.S.C. § 1331 . We have jurisdiction under 14 U.S.C. § 1291 . We affirm in part, and reverse in part.
FACTUAL AND PROCEDURAL HISTORY
Appellant Eric Oliver’s § 1983 claim arises out of three separate instances of pre-trial confinement at the Clark County Detention Center (“CCDC”) occurring in April, August, and September of 1997. On April 1, 1997, Las Vegas Metropolitan Police Department (“Metro”) officers arrested Oliver and transported him to CCDC, where he was booked and medically screened.…