023446P.pdf   07/15/2004  Jeffery Royal  v.  Lowell Brandt, et al
   U.S. Court of Appeals Case No:  02-3446
   Southern District of Iowa   
   Prisoner case - prisoner civil rights. Plaintiff's claim for compensatory 
   damages based on allegations that he was improperly segregated in 
   retaliation for exercise of his First Amendment rights is subject to the 
   PLRA's limitation on damages - 42 U.S.C. Sec. 1997(e); claims for 
   nominal damages, punitive damages and injunctive and declaratory relief 
   are not precluded by the section; nominal damage award of $1.00 for 
   violation affirmed; district court did not err in denying request for 
   punitive damages as its factual findings that defendant did not act with 
   evil motive or reckless or callous indifference were not clearly erroneous; 
   nor did the court err in concluding that an award of punitive damages was 
   not necessary to deter further violations; this court has previously held 
   that the PLRA's cap on attorneys' fees is constitutional and district court 
   did not err in applying cap (150% of damages award) to award plaintiff 
   $1.50 in fees. Judge Heaney, dissenting on the issue of whether the PLRA 
   bars the award of compensatory damages for violations of the First 
   Amendment. 
   [PUBLISHED] [Riley, Author, with Loken, Chief Judge, and Heaney, 
   Circuit Judge]