Marvin D. Price v. Potter County Sheriff Brian Thomas, et al.

Summary

A magistrate judge recommends dismissing Marvin D. Price’s pro se 42 U.S.C. § 1983 complaint against Potter County Sheriff Brian Thomas and a detention officer. The recommendation concludes that Price cannot recover compensatory damages under the Prison Litigation Reform Act because he alleged no physical injury and that amendment would be futile; dismissal with prejudice is recommended under 28 U.S.C. § 1915(e)(2)(B)(i).

Holdings

1. Because Price alleged no physical injury and sought compensatory damages for alleged constitutional violations, § 1997e(e) barred recovery of the compensatory damages he sought.
2. The complaint should be dismissed with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i) because Price failed to state a viable claim and his requested compensatory damages were barred by the absence of physical injury.
3. Leave to amend should be denied because Price had pleaded his best case and amendment would be futile and cause needless delay.

Questions Presented

1. Whether the prisoner's complaint was subject to dismissal as frivolous or for failure to state a claim under the PLRA.
2. Whether 42 U.S.C. § 1997e(e) barred Price from recovering compensatory damages because he alleged no physical injury.
3. Whether Price should be granted leave to amend his complaint.

Disposition

dismissed