13.71 DAMAGES: NOMINAL (42 U.S.C. CIV. 1983) is a type of civil damage award that is given to a plaintiff in a civil action under 42 U.S.C. § 1983. This type of damage award is intended to recognize a plaintiff's constitutional right to be free from certain forms of government action or inaction. It is a small amount of money that is awarded to a plaintiff as a "symbolic" gesture of recognition, rather than as a form of monetary compensation. Nominal damages are awarded when a plaintiff has suffered a legal injury, but no actual damages have been proven. Examples of nominal damages include cases where the plaintiff has suffered an invasion of privacy or a violation of a contract. The amount of nominal damages can vary, but it is usually in the range of $1-$10. Nominal damages are different from compensatory damages, which are awarded when actual damages have been suffered.
13.71 DAMAGES: NOMINAL (42 U.S.C. Civ. 1983)
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FAQ
Nominal damages are awarded to a plaintiff in a case where the court decides that the plaintiff suffered a legal wrong but no real financial loss. By issuing such a ruling, the court recognizes that the defendant has breached the plaintiff's rights.
DAMAGES ARE RECOVERABLE IN A § 1983 ACTION 42 U. S. C. § 1983 creates "'a species of tort liability' in favor of persons who are deprived of 'rights, privileges, or immunities secured' to them by the Constitution." Carey v. Piphus, 435 U.S. 247, 253 (1978). See also Smith v.
Through a civil rights claim under Section 1983, you may be entitled to: Compensatory Damage: Victims can seek financial compensation for their actual damages, including medical bills, pain and suffering, and other losses. Injunctive Relief: You may also be entitled to injunctive relief under Section 1983.
Nominal damages are awarded when the plaintiff is legally in the right, but has not suffered substantial losses. Because the plaintiff has no established need for compensation, the amounts awarded in these cases are usually very small.
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.
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 (?
There are 3 basic awards that may come out of a Section 1983 claim against police officers ? compensatory damages, punitive damages, and attorney's fees. Typically, plaintiffs receive compensatory damages when they prevail on their claim.