Harris v. Garner

TJOFLAT, Circuit Judge,

concurring in part and dissenting in part in which BIRCH, BARKETT and WILSON, Circuit Judges, join:

The majority states that Congress enacted 42 U.S.C. § 1997e(e) (passed as part of the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (codified in scattered sections of 42 U.S.C. & 28 U.S.C.) (the “PLRA”)) “[i]n an effort to stem the flood of prisoner lawsuits in federal court.” Ante at 972. The majority opinion, however, will do just the opposite. For this reason, and because the majority’s interpretation of section 1997e(e) cannot be…