Section 1983 of the United States Code is a powerful tool that provides individuals, including prisoners, with a mechanism to seek justice when their constitutional rights have been violated by state or local officials. When pursuing a Section 1983 lawsuit, plaintiffs may seek various forms of relief, including compensatory and punitive damages. Among these remedies is a unique type of compensation known as nominal damages.
In this blog post, we will explore nominal damages, their significance in a prisoner’s Section 1983 lawsuit, and their role in upholding constitutional rights.
Understanding Section 1983 Lawsuits
Before delving into nominal damages, it’s crucial to understand the context of Section 1983 lawsuits. Section 1983 was enacted during the Reconstruction Era to enforce the provisions of the Fourteenth Amendment. The Fourteenth Amendment ensures equal protection under the law and prohibits state officials from depriving individuals of their constitutional rights. The statute allows individuals to sue state and local government officials, such as prison staff or law enforcement officers, for violating their federal rights.
When prisoners face harsh or inhumane treatment, excessive force, retaliation, or other constitutional violations while in custody, Section 1983 can serve as a critical avenue to obtain justice. Compensatory and punitive damages are often the focus in these cases. Additionally, nominal damages can play an essential role in reinforcing the broader principles of constitutional rights protection.
Defining Nominal Damages
Nominal damages, as the name suggests, are damages awarded to a plaintiff even when they have not suffered significant economic or physical harm. These damages are typically a minimal amount, often as little as one dollar. Instead of providing compensation for specific losses, nominal damages serve a symbolic purpose by recognizing that a plaintiff’s rights have been violated, regardless of the extent of the harm suffered.
For example, a prisoner might be awarded nominal damages if they are denied outdoor recreation for an extended period of time. The prisoner has not suffered any actual harm from the lack of outdoor recreation, but their constitutional right to be free from cruel and unusual punishment has been violated.
Nominal damages are often awarded in prisoner’s Section 1983 lawsuits because it is difficult to prove that the prisoner has suffered any actual harm from the official’s misconduct. As another example, a prisoner might allege they were subjected to excessive force by a corrections officer. However, it can be difficult to prove that the excessive force caused the prisoner any physical or emotional injury. Hence, the awarding of nominal damages would be appropriate.
The Purpose of Nominal Damages
Nominal damages may seem inconsequential, but they carry substantial legal significance. They acknowledge that the plaintiff’s rights were violated and affirm the principle that constitutional rights are essential and must be protected. Additionally, nominal damages play a vital role in upholding the rule of law and ensuring government accountability.
Importantly, nominal damages can act as a deterrent against future violations. When state officials or prison staff face the prospect of paying even a nominal sum for constitutional infringements, they may be encouraged to review their practices and actions, thereby reducing the likelihood of further violations.
Establishing a Claim for Nominal Damages
To be awarded nominal damages in a Section 1983 lawsuit, the plaintiff must establish two essential elements:
A Constitutional Violation: The plaintiff must demonstrate that their constitutional rights were violated by the defendant. This can include violations of the First Amendment rights to freedom of speech or religion, the Eighth Amendment protection against cruel and unusual punishment, or the Fourteenth Amendment’s guarantee of equal protection.
No Compensable Damages: In a nominal damages claim, the plaintiff acknowledges that they did not suffer substantial compensable harm as a result of the violation. This is a crucial distinction from claims seeking compensatory damages for tangible losses such as medical expenses or emotional distress.
Nominal Damages in Relation to Compensatory Damages
In Section 1983 lawsuits, compensatory damages aim to compensate the plaintiff for specific losses resulting from the constitutional violation. These damages can cover medical expenses, emotional distress, lost wages, and other quantifiable harm experienced by the plaintiff.
Nominal damages, on the other hand, serve a distinct purpose. While compensatory damages address the actual harm suffered, nominal damages are awarded when the court acknowledges a violation but cannot quantify the harm precisely. This can occur in cases where the harm is intangible or challenging to assess in monetary terms.
Supreme Court Rulings on Nominal Damages
The significance of nominal damages was emphasized in the landmark case of Carey v. Piphus, 98 S.Ct. 1042 (1978). The Court held that even if the plaintiff’s compensatory damages were minimal, they were still entitled to recover nominal damages to recognize the violation of their constitutional rights. This ruling underscored the symbolic importance of nominal damages in reinforcing the principle that constitutional rights must be safeguarded.
Acquiring Nominal Damages in a Section 1983 Lawsuit
It requires civil litigation to be awarded nominal damages for the deprivation of a constitutional right. Prisoner civil rights actions are usually initiated under the Federal Statute 42 U.S.C. §1983. I have a blog, Section 1983 and Inmate Rights, discussing this statute and how it is used by incarcerated individuals to enforce constitutionally guaranteed rights and hold government officials accountable for denying a constitutionally guaranteed right.
I also have a blog wherein I share The top ten Supreme Court cases involving prisoner rights. If you have a loved one or friend who is incarcerated and being denied their guaranteed rights, consider purchasing The Colossal Book of Civil Citations on their behalf. My book contains all the relevant topics necessary for a prisoner to successfully litigate a Section 1983 lawsuit.
My Final Thoughts
Nominal damages hold immense importance in Section 1983 lawsuits, especially for prisoners whose constitutional rights may be at risk while in custody. By recognizing constitutional violations and asserting the value of individual rights, nominal damages contribute to the preservation of civil liberties and government accountability.
While the monetary value of nominal damages may be small, their symbolic impact resonates far beyond the courtroom, ensuring that the principles enshrined in the United States Constitution remain protected and revered.
If you enjoyed the content of this post, I encourage you to read my other posts, Understanding Compensatory Damages in a Prisoner’s Section 1983 Lawsuit and Understanding Punitive Damages in a Prisoner’s Section 1983 Lawsuit. In these posts, you will learn about other financial compensation available to prisoners when correctional staff violate the constitutional rights of those incarcerated.