Remedies Flashcards
Plaintiff can get any remedy even if they didn’t ask
Turner
Types of damages
Nominal, compensatory, punitive
A civil rights violation —- punitive
Does not alone lead to
Policy behind punitive damages
Deter and express public disapproval
Compensatory damages —-
Return P to where they were before harm
Exxon Shipping Holding
Appropriate ratio compensatory to punitive damages is 1:1
Takeaway from Carey
Due process violation itself is not a harm
Carey holding
In absence of proof of actual injury, P only gets nominal damages (for due process violation)
Rule from Carey- Damages are designed to..
Compensate victims for actual injuries caused by deprivation of rights
Carey dealt with what statute
Title 42 Civil Rights Act Section 1983
According to Carey what is the purpose of due process?
Prevent mistaken deprivation (not worth much on its own)
According to Carey, why is due process not worth much on its own?
Not every violation of it causes distress. Have to show evidence
The people bound under R65d2 are —
Parties, their agents, and those working in active concert/participation with parties/agents
What are preliminary injunction criteria?
Likelihood of success, likelihood of irreparable harm without injunction, balance of equities tips in favor, injunction in public interest
Permanent injunction criteria
success, inadequacy of monetary damages, balance of equities tips in favor, injunction in public interest
Walgreen Co is binding —-
Only in the 7th circuit
Walgreen Co ruled that injunctive relief was appropriate because —-
Damages were too speculative
Walgreen Co Rule
Choosing between remedies requires CBA of alternatives
Walgreen Co holding
Reasonable to choose permanent injunction over damages in some contract breach cases (like here)
What is the benefit of the injunction in Walgreen Co?
Shift burden of determining cost from court to parties (Walgreen knows at what price will break lease)
Walgreen Co is —- for when damages inadequate
Not the usual reasoning
Walgreen Co not —- injunction test but — it
Dispelling, evolving
The PLRA orders limiting prison population when
Crowding main issue/no other relief will remedy, extends no further than necessary to fix, narrowly drawn and substantial weight on public safety
Brown Holding
Court upheld injunction requiring reduction of CA prison population (exact plan up to state)
What was standard review argument in Brown
Clear error standard (don’t get to undo trial court fact finding) , dissent wants de novo Disagree about whether overcrowding as primary issue was Q of fact or law