4.71 Damages: Nominal — Prisoner Civil Rights is a type of damages awarded to prisoners who have had their civil rights violated while incarcerated. This type of damage is awarded as a nominal amount to acknowledge that the violation occurred, but does not provide actual financial compensation. The types of civil rights violations that can be remedied through nominal damages include the right to free speech, protection from cruel and unusual punishment, freedom of religion, and the right to due process.
4.71 DAMAGES: NOMINAL - PRISONER CIVIL RIGHTS
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf
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In a number of cases, the Court has indicated that a ratio between punitive and compensatory damages is high enough to lead to a finding of constitutional impropriety and that any ratio of or higher is almost certainly unconstitutional.
The median amount of punitive damages that are awarded is around $64,000.
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
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.
To determine the amount of punitive damages to award, the Book of Approved Jury Instructions (BAJI) states that the jury should consider: (1) The reprehensibility of the conduct of the defendant. (2) The defendant's financial condition and (3) the relationship to actual damages.
These are (1) how reprehensible the defendant's conduct was, (2) the disparity between the harm experienced by the plaintiff and the punitive damages award, and (3) the difference between the punitive damages award and the civil penalties and remedies imposed in similar cases.
Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.
Additionally, nominal damages may allow for punitive damages to be awarded. Punitive damages are generally only awarded in a small number of cases which are considered to be especially egregious, and cannot be considered unless the plaintiff is first awarded compensatory, nominal, or restitution damages.
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71 DAMAGES: NOMINAL - PRISONER CIVIL RIGHTS. Summary New, revised and revoked instructions and verdict forms reflecting recent developments in the law.Source Advisory Committee on Civil Jury Instructions. The Consumer Price Index Manual: Concepts and Methods contains comprehensive information and explana- tions on compiling a consumer price index (CPI). Prison Legal News v. Columbia County, Complaint 2012. Stability and civil society. •. The principles of comprehensive judicial protection of civil rights. Prison environments can adversely affect the social and. All rights reserved, including the right to reproduce this report.