A homeowner sought $9,462 in compensatory damages that he claimed was needed to refurnish his home after an unreasonable execution of a search warrant by four officers. He also sought damages for emotional distress and punitive damages. A jury found for the plaintiff against only one officer and awarded only $100. He then sought an award of $116,435 in attorneys' fees as a prevailing party for 450 hours of work. A federal appeals court upheld a denial of attorneys' fees, finding that the jury award on just one of eight claims made was nominal and trivial and did not provide any public benefit. Aponte v. City of Chicago, #12-3099, 2013 U.S. App. Lexis 18111 (7th Cir.).
     A deputy sheriff detained and handcuffed for about a minute a nine-year-old female African-American student at school following her disagreement with her teacher, to whom she allegedly made a disrespectful and supposedly threatening remark. The student was arguably compliant when the deputy approached her. A jury subsequently awarded one dollar in nominal damages. A federal appeals court subsequently ruled that the trial court abused its discretion in awarding $39,000 in attorneys' fees to the plaintiff when she had only achieved minimal results rather than the $25,000 in damages she had sought. Gray v. Bostic, #12-11819, 2013 U.S. App. Lexis 13558 (11th Cir.).
     A jury found that an officer used excessive force in detaining a man who was involved in a late night fight outside a tavern. The jury only awarded $1 in nominal damages, however, and no compensatory or punitive damages. A federal appeals court found no inconsistency with the jury's finding that the officer used excessive force and caused injury, as it could have attributed the injury as resulting from the officer's other, lawful actions, and not from his use of excessive force. The court also ruled that an award of attorneys' fees was appropriate, since such an award would encourage the city to make sure that officers do not use excessive force after subduing a suspect. The appeals court therefore reversed the trial court's decision not to award any attorneys' fees. Guy v. City of San Diego, #08-56024, 2010 U.S. App. Lexis 12405 (9th Cir.).
     A man allegedly arrested on false charges based on fabricated or "planted" evidence of cocaine could seek nominal damages based on a three day period during which he was allegedly jailed only for these "fabricated charges," but after those three days was essentially serving a 25-year sentence on an unrelated murder conviction, and therefore did not suffer any compensable injury from his continued confinement. Eloy v. Guillot, No. 07-13818, 2008 U.S. App. Lexis 14730 (Unpub. 11th Cir.).
     Motorist who was detained for allegedly producing a counterfeit driver's license, but who was released when the authenticity of the license was verified was properly awarded only $400 in damages by a jury in his federal civil rights lawsuit. While the plaintiff was in custody for two to three hours, he was never placed under arrest, and presented no medical evidence of injury. His sole evidence of damages was his wife's testimony that he was humiliated in the community by these events. Under these circumstances, the jury acted reasonably in only awarding him nominal damages, and he was not entitled to a new trial or to an award of attorneys' fees under 42 U.S.C. Sec. 1988. Chen v. City of New York, #28331/02, 2007 N.Y. Misc. Lexis 7145 (Sup. Court. Queens County).
     Trial court properly set aside jury's award of $1 in nominal damages to a man bit twice by a police dog during an attempt to apprehend him. His persistent insistence during discovery that he was not the suspect that the police were seeking at the time, until he admitted during cross-examination at trial that he was, constituted perjury for which the denial of the jury's award was a proper sanction. Chavez v. City of Albuquerque, No. 03-2195, 2005 U.S. App. Lexis 4969 (10th Cir. 2005). [2005 LR May]
      Even though plaintiff was acquitted of murder charges, he could seek to recover nominal damages for alleged violations of his right to a fair trial resulting from police officers' and sheriff's investigators' alleged misconduct in concealing exculpatory evidence which should have been disclosed to the defense. Carroccia v. Anderson, #02C-3916, 249 F. Supp. 2d 1016 (N.D. Ill. 2003). [N/R]
          337:5 Family of woman killed by her estranged husband could assert a claim for violation of equal protection based on alleged failure to provide police protection because of gender, regardless of whether they could show that this failure helped cause the murder or indeed caused any actual harm at all; nominal damages could still be awarded if a constitutional violation without actual harm was proven. Macias, Estate of, v. Ihde, #99-15662, 219 F.3d 1018 (9th Cir. 2000).
     331:99 Washington state intermediate appeals court rules that it was not an abuse of discretion to award $9,920 in attorneys' fees to plaintiff in excessive force claim who was awarded only $1 in nominal damages. Ermine v. City of Spokane, #18253-3-III, 996 P.2d 624 (Wash. App. 2000).
     335:164 Arrestee who claimed that officers beat him while he was handcuffed, despite the lack of resistance on his part, did not have to show direct monetary losses to recover compensatory damages; damages could be based on pain and suffering or emotional distress, and, even without actual injury, he might be entitled to nominal damages. Slicker v. Jackson, No. 99-10592 215 F.3d 1225 (11th Cir. 2000).
     322:147 Jury properly awarded $1 in nominal damages and $20,000 in punitive damages (later reduced to $15,000) against officer who allegedly used excessive force against arrestee during booking process; trial court improperly dismissed claims against city following trial of claims against individual officers, since plaintiff could pursue city's liability even if he was barred from receiving anything more than $1 in damages against municipality. Amato v. City of Saratoga Springs, N.Y., #97-9623, 170 F.3d 311 (2nd Cir. 1999).
     {N/R} Jury should have been instructed that it should award at least nominal damages if it found liability. Robinson v. Cattaraugus County, #97-7354, 147 F.3d 153 (2nd Cir. 1998).
     306:92 Officer conducted illegal search of inside of vehicle when he had not arrested motorist or taken custody of her vehicle and did not have any reason to suspect that weapons were in vehicle or that motorist was dangerous; appeals court upholds award of $1 in nominal damages and 33 cents in attorneys' fees; officer waived qualified immunity defense by not pursuing it at trial. McCardle v. Haddad, 131 F.3d 43 (2nd Cir. 1997).
     266:19 Plaintiff arrested by state police officers, grabbed by the neck, and pulled out of tavern, was entitled only to $1 in nominal damages for assault and battery claim; he suffered "no injury" from the use of force and only made "embarrassingly phony" moans of pain concerning his neck once someone started to videotape the events Brooker v. NY, 614 N.Y.S.2d 640 (A.D. 1994).
     Youth detained by officer for one minute in park was entitled to nominal damages of $1 when jury found that officer violated his Fourth Amendment rights, but awarded "zero" in "nominal or compensatory damages" Wilkes v. Reyes, 5 F.3d 412 (9th Cir. 1993).
     Civil rights plaintiff was entitled to judgment and award of nominal damages of $1 when jury found that her civil rights had been violated but awarded no damages Floyd v. Laws, 929 F.2d 1390 (9th Cir. 1991).