AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
Damages: Nominal
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.).