constitutional-law first-amendment freedom-of-religion
Is it possible to be awarded damages in a First Amendment case?
<p>The case is a de facto promotion of religion by a local municipality.</p>
<p>A private citizen has placed a religiously promotive flyer on the notices board at the department of a local municipality. The board is enclosed by a locked, plexiglass window, and it is to the outside of this window the flyer has been taped.</p>
<p>While not responsible for putting it up, after about 2 months of it being there with staff able to see it 7 days a week, standing next to it, posting official notices, they have &quot;adopted&quot; it and are now liable for its presence. I say three days was sufficient time to be responsible in removal.</p>
<p>I plan on waiting until it's removed by anyone before filing a complaint and suit just so it's as huge as possible, exposing their negligence, &quot;sticking it to them&quot; for the schadenfreude, but I wonder if there's any personal damages to possibly be awarded, or -- as I suspect -- would it all be in the form of contributions to secular, church-state separation organizations and having to allow every other type of religious and areligious promotion for an equal amount of time?</p>

<p>In a civil rights action in which someone prevails (which is by no means certain in this case, but not impossible either), there is at a minimum an award of nominal damages (i.e. $1) and the reasonable attorney fees and litigation costs incurred in the lawsuit.</p>
<p>A jury could also award a prevailing party non-economic damages, and/or exemplary damages (a.k.a punitive damages) in connection with a violation of civil rights.</p>
<p>There might also be injunctive or declaratory relief stating that this was a violation of civil rights and requiring the government to adopt practices to prevent harm going forward.</p>
<p>It is hard to see how there would be any economic damages at issue in this case, but it isn't impossible to imagine some circumstances in which they could be proven, perhaps.</p>
