Martin A. Schwartz Why Nominal Damages Are Important
In his Section 1983 Litigation column, Martin Schwartz discusses the recent Supreme Court ruling in 'Uzuegbunam v. Preczewski', where the court held that a claim for nominal damages can save a §1983 federal court case from dismissal for mootness, to illustrate the important role nominal damages play in §1983 constitutional litigation.
July 02, 2021 at 02:00 PM
10 minute read
The Supreme Court recently held, 8-1, that a claim for nominal damages can save a §1983 federal court case from dismissal for mootness, Uzuegbunam v. Preczewski, 141S. Ct. 792 (2021 (U. v. P.). The court found that a nominal damage claim creates the necessary Article III case or controversy for standing and mootness purposes. Justice Clarence Thomas wrote the opinion for the court. Justice Brett Kavanaugh wrote a brief concurrence. Chief Justice John Roberts Jr. was the sole dissenter.
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