171952P.pdf   08/07/2018  Daaron McAdoo  v.  Amy Martin
   U.S. Court of Appeals Case No:  17-1952
   U.S. District Court for the Western District of Arkansas - Hot Springs   
   [PUBLISHED] [Smith, Author, and Wollman and Loken, Circuit Judges] 
   Prisoner case - Prisoner civil rights. Under the Prison Litigation Act, 
   plaintiff suffered a severe physical injury when an officer's takedown 
   move broke plaintiff's shoulder, and the injury met Section 1997(e)'s 
   requirement of a physical injury; the PLRA's gatekeeper function against 
   frivolous suits does not require a prison inmate to make a showing of a 
   physical injury caused by an unconstitutional act; rather, in the Eighth 
   Amendment context, in order to recover compensatory damages, the PLRA 
   requires a showing of harm caused by some unconstitutional conduct that 
   amounted to deliberate indifference and an accompanying showing of 
   physical injury; with a showing of physical injury, Sec. 1997(e) permits 
   recovery for the harm - physical or otherwise - caused by the 
   unconstitutional conduct; the district court erred in determining the PLRA 
   precluded plaintiff's recovery of compensatory damages because plaintiff 
   failed to meet Sec. 1997(e)'s physical injury threshold; on remand, the 
   district court should calculate compensatory damages that resulted from 
   the pain differential, if any, that plaintiff experienced from having to 
   take non-prescription pain relievers instead of the ten prescribed 
   hydrocodone tablets he was not given; the district court did not err in 
   concluding that the defendants' conduct did not exhibit the type of evil 
   motive or intent or reckless or callous indifference required to support 
   an award of punitive damages.