Damages, injunctions, and the fee statute that makes the cases viable.
Esshaki Legal Media TeamCurrent as of March 2026
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 defense tool in these cases.