SCOTUS: Nominal Damages Are Enough to Avoid Mootness
A recurring problem in civil rights litigation is that a party with standing to have an allegedly illegal practice enjoined may not have standing by the time the litigation reaches completion. Students may graduate. Employees may change jobs. If an injunction is the only relief sought, the case may be declared moot and dismissed. In addition to the mootness problem, injunctive relief might not be available from the beginning. A person subjected to a questioned police practice may be highly unlikely to ever face it again.
A party whose rights are violated but who suffers no real damage may sue for “nominal damages,” a token award of, say, one dollar. The Supreme Court held today that such damages are sufficient to prevent mootness and allow the suit to reach conclusion. Continue reading . . .
