Excessive Force – Nominal Damages

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7^th Circuit Court of Appeals

Case Name: Sammy J. Moore v. Peter Liszewski, et al

Case No.: 14-3244

Officials: BAUER, POSNER, and FLAUM, Circuit Judges.

Focus: Excessive Force – Nominal Damages

Order awarding appellant attorney’s fees and costs as appropriate and nominal damages. Appellant not entitled to more based on trial outcome and decision of jury.

“The plaintiff in our case of course wants more than just nominal damages. He argues that he was injured by Liszewski–that in the altercation Liszewski had struck him on the head twice with Liszewki’s walkie‐talkie. But there was contrary evidence as well, evidence that the injury was attributable to the plaintiff’s having fallen and hit his head on a table, an accident not caused by Liszewski. The jury evidently agreed with that evidence, as it was entitled to do. There were a number of witnesses, both prison inmates and prison staff, to the altercation, and the cause of the injury could not be definitively determined. This allowed the jury to side with Liszewski to the extent of ruling that Moore had incurred no actual damages but entitling him to nominal damages and whatever increments, such as court costs and attorneys’ fees, to which an award of nominal damages entitles the plaintiff. The judge awarded those costs and fees directly to the lawyer whom the judge had recruited for Moore, and that was proper because Moore had incurred neither expense.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.