Difference between revisions of "42 U.S.C. § 1983"
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Under Section 1983 damages can take the form of nominal damages, compensatory damages and punitive 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. | * '''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. | + | * '''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.<ref>Smith v. Wade, 461 U.S. 30 (1983)</ref>. Municipalities are immune from punitive damages. <ref>Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981)</ref> |
* '''Injunctive Relief''' may be awarded. | * '''Injunctive Relief''' may be awarded. | ||
* '''Nominal Damages''' may be awarded by the jury if they determine that the plaintiff's Constitutional rights were violated but they do not believe that they suffered substantive damages. | * '''Nominal Damages''' may be awarded by the jury if they determine that the plaintiff's Constitutional rights were violated but they do not believe that they suffered substantive damages. | ||
