confined in a jail, prison, or other correctional facility, for, mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act.” 42 U.S.C. § 1997e(e) (emphasis added). Defendants argue that the statute’s prohibition applies here, even though the Plaintiffs were no longer incarcerated at the time they filed the suit. Plaintiffs argue that the limitation only applies to plaintiffs who are incarcerated at the time the action is commenced and thus does not affect this action. The Second Circuit has not addressed this question and district courts in the Circuit have reached divergent conclusions. Compare, e.g., In re Nassau Cnty. Strip Search Cases, 99-CV-2844, 2010 WL 3781563, at *7 (E.D.N.Y. Sept. 22, 2010) (Hurley, J.) (<HOLDING>) with Cox v. Malone, 199 F.Supp.2d 135, 140
holding that the plra only applies to plaintiffs who are incarcerated at the time an action is commenced holding that the only alleged discrimination occurred  and the filing limitations periods therefore commenced  at the time the adverse employment action was made and communicated to the plaintiff holding that 42 usc  1997edls attorney fee cap only applies to prisoners still incarcerated at the time of their cases resolution holding that the plra bar applies to lawsuits brought by inmates regardless of whether the inmate is incarcerated at the time of filing or whether the plaintiff is subsequently paroled sentenced or released holding that the fourteenth amendment only applies to state action