What is the test for a plaintiff to claim damages for negligence in a civil case?

The physical injury requirement in 42 U.S.C. 1997e(e) does not bar claims entirely, but merely restricts the available types of relief. See Oliver v. Keller, 289 F.3d 623, 629-630 (9th Cir. 2002). A prisoner is not required to establish an actual physical injury caused if the deliberate

Page 17

indifference created a serious risk of harm such that it rose to a violation of the prisoner's civil rights. See Oliver v. Keller, 289 F.3d 623, 629-630 (9th Cir.2002). Where a prisoner establishes that his or her constitutional rights were violated, a plaintiff in such a case can recover nominal and possibly punitive damages even if the plaintiff sustained no physical injury. See Oliver v. Keller, 289 F.3d 623, 629-630 (9th Cir. 2002). Where a pro se complaint seeks compensatory or punitive damages, such claim is consistent with seeking nominal damages and should be so construed. See Oliver v. Keller, 289 F.3d 623, 630 (9th Cir. 2002).