Constitutional Remedies Flashcards
1
Q
Damages for Constitutional Remedies
A
No damages usually, go straight to injunctive relief unless there is a companion statute
Const. Remedies are generally restricted to injunctive relief. if a P seeks monetary recovery, he or she must also allege a common law or statutory violation that allows recovery of damages. Look out for a companion statute.
2
Q
Collateral Bar Rule
A
If a party disagrees with an injunction, they cannot disobey it in order to challenge its validity. They must challenge the injunction via the judicial process. (Walker v. City of Birmingham). If you disobey, then you forfeit
