Difference between revisions of "42 U.S.C. § 1983"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 76: Line 76:
  
 
==Damages==
 
==Damages==
 +
Under Section 1983 damages can take the form of nominal damages, compensatory damages and punitive damages.
 +
* '''Compensatory Damages''' may include lost earnings, loss of earning capacity, out of pocket expenses, pain/suffering, mental anguish and emotional distress suffered. There is no inherent "value" in constitutional rights. Damage awards for 1983 actions , separate and aside from normal tort standards, may not be based on the abstract "value" or "importance of constitutional rights" <ref>Memphis Community School Dist. v. Stachura, 477 U.S. 299 (1986)</ref> There may, however, be inferred damages, which arise in situations where the circumstances themselves surrounding the violation imply actual damages.
 +
* '''Punitive Damages''' may be assessed 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 right.  Punitive damages may be found even when the underlying threshold for liability is recklessness.
  
 
==Entitlement to Fees==
 
==Entitlement to Fees==

Revision as of 18:12, 10 August 2010