AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
Damages: Nominal
An inmate went unfed
for several days under a policy that prisoners who call their cellmates
"enemies" are restrained on a bench without food until an individual
cell or more compatible cellmate becomes available. A jury held for prison
officials and wrote "0" in a space on the verdict form for damages.
The trial court erred in refusing to instruct the jury that it could award
nominal damages if it found that the prisoner's rights were violated but
that he did not suffer compensatory damages. The judgment was reversed,
with further proceedings ordered. Taylor v. Dormire, #10–3863, 690 F.3d
898 (8th Cir. 2012).
Trial court properly
reduced jury's award of $75,000 in "nominal" damages to $1 in
pre-trial detainee's lawsuit, when jury specifically found that jailer
used excessive force against the detainee but did not cause any substantial
injury. Corpus v. Bennett, No. 04-2603, 2005 U.S. App. Lexis 26650 (8th
Cir.). [2006 JB Jan]
While prisoner successfully proved that prison
security director improperly put him in segregation in retaliation for
filing "too many" complaints and grievances, in violation of
his First Amendment rights, under the Prison Litigation Reform Act, he
was not entitled to an award of compensatory damages in the absence of
physical injury, but only $1 in nominal damages. Appeals court also upholds
the decision not to award punitive damages, since the defendant acted out
of "frustration," rather than with an "evil motive,"
and upholds application of PLRA section to limit attorneys' fee award in
the case to $1.50. Royal v. Kautzky, No. 02-3446, 375 F.3d 720 (8th Cir.
2004). [2004 JB Oct]
Misdemeanor detainee, who was awarded $1
in nominal damages in lawsuit challenging blanket policy of strip searching
all detainees at county jail regardless of the nature of their charges,
did not have any basis to seek injunction against such searches, since
he could not show that he had a likelihood of being rearrested and sent
to the same facility again and subjected to a similar search. Shain v.
Ellison, #02-9262, 356 F.3d 211 (2nd Cir. 2004). [2004 JB May]
Strip search of male prisoner in the presence
of female correctional officers could constitute cruel and unusual punishment
in violation of the Eighth Amendment if female officers were, as prisoner
alleged, "invited spectators" and the search was carried out
in a manner designed to humiliate and demean him. Federal appeals court
rules that provision of Prison Litigation Reform Act barring claims for
mental or emotional injuries without a showing of physical injury did not
apply, in this case, to bar claims for nominal or punitive damages. Calhoun
v. Detella, #98-2894, 319 F.3d 936 (7th Cir. 2003). [2003 JB Jun]
Prisoner waived any right to nominal
damages in lawsuit against officer he claimed assaulted him by failing
to ask for them; jury did not act improperly in finding that officer's
use of force was excessive but that prisoner suffered no compensable damage.
Oliver v. Falla, #00-10520, 258 F.3d 1277 (11th Cir. 2001). [2002 JB Jan]
292:53 Trial judge erred in awarding nominal
damages when setting aside jury's award of $231,000 on prisoner's failure
to protect claim against county jail; jury's contradictory answers on interrogatories
about whether defendants' conduct caused the plaintiff's injuries required
a new trial, not a nominal award of $1. Roberson v. Chelan County, No.
98-36043, 2000 U.S. App. LEXIS 28086 (9th Cir.).
292:53 Trial judge erred in awarding nominal
damages when setting aside jury's award of $231,000 on prisoner's failure
to protect claim against county jail; jury's contradictory answers on interrogatories
about whether defendants' conduct caused the plaintiff's injuries required
a new trial, not a nominal award of $1. Roberson v. Chelan County, No.
98-36043, 2000 U.S. App. LEXIS 28086 (9th Cir.).