Civil rights litigation offers a defined set of remedies whose availability shapes what claims are brought.
Compensatory damages for actual injury, including emotional distress proved by evidence rather than presumed. Nominal damages are available where a right was violated without provable injury, and their availability preserves a live controversy.
Punitive damages against individual defendants who acted with evil motive or reckless indifference to federally protected rights. Not available against municipalities.
Injunctive and declaratory relief against ongoing violations. Standing to seek prospective relief requires a real and immediate threat of repeated injury, which is a substantial barrier for plaintiffs challenging practices they encountered once.
Attorney fees. A prevailing party may recover reasonable fees, calculated by the lodestar method — reasonable hours times a reasonable rate. Prevailing requires a judicially sanctioned change in the legal relationship; a voluntary change in the defendant’s conduct does not qualify.
Proportionality. Fee awards may exceed the damages recovered, and the Supreme Court has approved substantial awards in low-damages cases, though degree of success is a factor.
Offers of judgment cut off post-offer fees where the plaintiff does not better the offer, which makes them a significant defence tool in these cases.