Record contained sufficient evidence to support jury’s $1 award on his section 1983 action alleging that defendant-prison official used excessive force during altercation that occurred almost 10 years prior to date of instant lawsuit. While plaintiff argued that he was entitled to more than nominal damages, where defendant had hit him twice on head with walkie-talkie, jury could have properly found that injury was attributable to plaintiff having fallen and hit his head on table, which was not caused by defendant. Ct. also discussed possibility of future rule that would do away with nominal damages and just allow courts to enter awards of court costs and attorney fees, where record established violation of litigant’s legal rights, but no actual damages.
Federal 7th Circuit Court
Civil Court
Prisoners