3-F | WHAT RELIEF IS AVAILABLE UNDER SECTION 1983?

Available relief under Section 1983 includes damages and injunctive relief.

1) Damages

a) Memphis Community School Dist. V. Stachura, 477 U.S. 299 (1986):

Section 1983 creates a species of tort liability in favor of persons who have been deprived of the rights, privileges, or immunities under the Constitution. Therefore, the level of damages is ordinarily determined according to the principles derived from common law torts. Damages may include:

(i) Compensatory damages for emotional distress, embarrassment, impairment of reputation and humiliation;

(ii) Actual and nominal damages; and

(iii) Punitive damages available where there has been a willful or malicious violation or where the defendant acted with evil motive or reckless and callous indifference. Municipalities are immune from punitive damages.

2) Injunctive relief

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006

Congratulations! You're now booked up on Item 3-F from the American Bar Association's official handbook on EEO Law Basics!

Please get the justice you deserve.

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