Can a plaintiff bring a claim for mental or emotional injuries against the Defendant?

Despite the required dismissal of these various claims for relief, plaintiff may still pursue claims for damages premised on the alleged violations of his constitutional rights. Plaintiff does not allege that he suffered physical injury as a result of the conduct challenged in this action, and therefore may not pursue a damages claim premised on mental or emotional injury. See 42 U.S.C. 1997e(e) (prisoner may not recover damages for mental or emotional injury suffered while in custody without a showing of physical injury).¹⁴ However, "[t]o the extent that [plaintiff] has actionable claims for compensatory, nominal or punitive damages - premised on violations of his [constitutional] rights, and not on any alleged mental or emotional injuries . . . the claims are not barred by 1997e(e)." Oliver v. Keller, 289 F.3d 623, 630 (9th Cir. 2002).