Can a plaintiff recover mental or emotional damages as a result of procedural due process violations?
MultiRegion, United States of America
The following excerpt is from Rios v. Tilton, No. 2:07-cv-0790 KJN P (E.D. Cal. 2016):
Defendants are nevertheless correct that plaintiff cannot recover compensatory damages based on mental or emotional injury as a result of procedural due process violations, absent a showing of a greater-than-de minimis physical injury. See Oliver v. Keller, 289 F.3d 623, 630 (9th Cir. 2002) ("The district court correctly interpreted 1997e(e) to require a showing of more than de minimis physical injury in order to recover compensatory damages for mental or emotional injury.").14
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