8 U.S. Circuit Court of Appeals opinion summaries
Even if a jury of $ 75000 to the judgement as a form of “nominal” damages he was entitled to obtain, on the basis of his claim that police used excessive force during the pretrial detention process reservation, we can conclude that the court just, sua sponte Reduces the award of nominal damages to a judgement of dollars and accounted for. “Despite an instruction that all damage in nominal terms should be attributed to a” sum of a dollar, “the jury decided, in the absence of actual damages, $ 75000 would be useful to justify’s corpus rights constitutional. hence, the court had an obligation to make price nominal damages with the law. ”
Affirms.
The rating conditions: Bright, J.: “I am in agreement with several courts have recourse as the judgments of the award substantial damages, the inscription” nominal “and acknowledged the need for remand when the FACT - Finder’s intention is unclear. The risk is more remote, that the tribunal does not take into account the finding of a jury of $ 75000 in damages, at least a portion of compensation for actual damage, when it reduces the “nominal damages “Reward for a dollar. Corpus presented evidence of significant violations and the jury has returned a very important distinction, unlike its finding in the context of interrogatory not fundamentally two injuries. The jury decided in May on the allocation of a lump sum instead of thinking about the awarding of a post of interrogatories four and five. All this can be said with all the confidence of this recording is that the jury not to follow the instructions of the court. For these reasons, I want to repent and detention for another attempt. “
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