13.70 DAMAGES: ACTUAL (42 U.S.C. CIV. 1983) refers to a type of damages award that is available in civil actions brought under 42 U.S.C. Section 1983. This type of damages award is intended to compensate the injured party for any actual loss or harm that was suffered as a result of the wrongful conduct of the defendant. This includes compensatory damages for any economic losses, such as lost wages or medical expenses, as well as non-economic losses, such as pain and suffering. In addition, punitive damages may be available in certain cases, if the wrongful conduct of the defendant was found to be especially egregious.
13.70 DAMAGES: ACTUAL (42 U.S.C. Civ. 1983)
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf
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FAQ
Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence. Punitive damages typically involve awards over and above the compensatory damage award.
Punitive Damagesedit edit source. In Smith v. Wade, the Supreme Court held that a § 1983 plaintiff may recover punitive damages against an official in her personal capacity if the official acted with malicious or evil intent or in callous disregard of the plaintiff's federally protected rights.
In a case where you anticipate there will be such evidence, it is likely that the plaintiff will seek bifurcation on the issues of liability, compensatory damages and punitive damages. I cannot imagine any other way this evidence would not have a spillover effect on compensatory damages.
As noted by the appellate court, ?Punitive damages may be awarded under 42 U.S.C. § 1983 when the defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.?
Nominal damages of $1 are awarded when a section 1983 plaintiff who seeks compensatory damages proves that a defendant has violated his or her constitutional rights, but is unable to persuade the fact-finder, typically a jury, that the plaintiff suffered actual damages of any kind, whether physical and financial (?
In Smith v. Wade, the Supreme Court held that a § 1983 plaintiff may recover punitive damages against an official in her personal capacity if the official acted with malicious or evil intent or in callous disregard of the plaintiff's federally protected rights.
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This section of the outline discusses both the elements of a 42 U.S.C. § 1983 cause of action (I. The official capacity suit is not against the supervisor personally because the real party in interest is the governmental entity.Plaintiff's claim is hereafter limited to seeking other relief arising under 42 U.S.C. § 1983. Under Section 1983 damages can take the form of nominal damages, compensatory damages and punitive damages. § 701 et seq. , the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the fourteenth amendment of the United States Constitution. Nominal damages have deep roots in the common law and have long been awarded under 42 U.S.C. 1983 for violations of constitutional rights. COFFIN, Senior Circuit Judge. 1. Nominal damages have deep roots in the common law and have long been awarded under 42 U.S.C. 1983 for violations of constitutional rights. Chapters 5 and 8 of this MANUAL address the circumstances in which a claim for damages may lie under 42 U.S.C. § 1983 and the defenses to such a claim.