Ford v. McGinnis (198 F. Supp. 2d 363, 2001)

MEMORANDUM OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Plaintiff has moved for reconsideration of a portion of this Court’s Opinion and Order denying defendants’ motion to dismiss. See Ford v. McGinnis, No. 00 Civ. 3437, 2000 WL 1808729, at *5 (S.D.N.Y. Dec. 11, 2000). In particular, plaintiff seeks reconsideration of the following footnote:

To the extent plaintiff seeks damages for mental anguish, those claims are dismissed. See Wright v. Miller, 973 F.Supp. 390 (S.D.N.Y.1997) (prisoners are not entitled to damages for mental anguish under 42 U.S.C. § 1997e(e)).

Id. at *1 n. 2.

Defendants object to reconsideration on the ground that the Prison Litigation Reform Act of 1996 (“PLRA”) “bars civil rights suits seeking damages for alleged constitutional violations where the inmate-plaintiff alleges no physical injury in the first instance and instead suffers only emotional and mental injury.” Defendants’ Memorandum of Law in Opposition to Plaintiffs Motion to Reconsider Dismissal of Claims for Mental Anguish at 3. For the following reasons, plaintiffs motion for reconsideration is granted in part.

II. DISCUSSION

A. Section 1997e(e) — Applicability

Section 1997e(e), which was enacted by Congress as part of the PLRA, Pub.L. No. 10