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201 F. App'x 276

Allen v. Stalder

U.S. Courts of Appeals

Decided October 3, 2006

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U.S. Courts of Appeals · decided 2006-10-03

Cited by 2 later decisions — most recently June 2008

1 federal appellate ·

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Geiger v. Jowers · Williams Lb v. Kaufman County

Good law ✅— No negative treatment on recordhow we know

Decided 2006-10-03

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PER CURIAM: *

¶1 Willie Allen, Louisiana prisoner # 73041, appeals from the dismissal of his 42 U.S.C. § 1983 action as frivolous and for failure to state a claim. Allen sought compensatory and punitive damages in the district court for his alleged exclusion from the call-out list for Muslim services.

¶2 A prisoner may not maintain a First Amendment action for compensatory damages absent any physical injury, pursuant to 42 U.S.C. § 1997e(e)’s physical injury requirement. Geiger v. Jowers, 404 F.3d 371, 374-75 (5th Cir.2005). Nor has Allen shown the “evil intent” or “callous indifference” required to obtain punitive damages. *277 See Williams v. Kaufman County, 352 F.3d 994, 1015 (5th Cir.2003).

¶3 AFFIRMED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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