No cure for a broken heart
In Davis v. District of Columbia (1998), the Washington D.C. Circuit held that there is no cure for a broken heart. The court reasoned that, even assuming that Davis had suffered a violation of fundamental privacy rights, the physical injury requirement is not subject to strict scrutiny. The court c...
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Published in | The Yale law journal Vol. 108; no. 8; pp. 2451 - 4908 |
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Main Author | |
Format | Journal Article |
Language | English |
Published |
New Haven, Conn
Yale University, School of Law
01.06.1999
Yale Law Journal Co Yale Law Journal Company, Inc |
Subjects | |
Online Access | Get full text |
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Summary: | In Davis v. District of Columbia (1998), the Washington D.C. Circuit held that there is no cure for a broken heart. The court reasoned that, even assuming that Davis had suffered a violation of fundamental privacy rights, the physical injury requirement is not subject to strict scrutiny. The court construed the requirement to deny prisoners damages remedies only. The court upheld the physical injury requirement as being rationally related to the government's interest in cutting back meritless prisoner litigation, and Davis' claim was dismissed with prejudice. |
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ISSN: | 0044-0094 1939-8611 |
DOI: | 10.2307/797392 |