WPI 348.01 Civil Rights—Compensatory Damages (Reserved)
6A WAPRAC WPI 348.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 348.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XVII. Civil Rights
Chapter 348. Civil Rights—Damages and Verdict Forms
WPI 348.01 Civil Rights—Compensatory Damages (Reserved)
COMMENT
The format of damage instructions such as WPI 30.01.01 (Measure of Economic and Noneconomic Damages—Personal Injury—No Contributory Negligence) can be adapted for use in a Section 1983 case.
As discussed in WPI 340.06 (Civil Rights—Causation—Comment Only), proof of compensatory damages requires proof of a causal link.
If the plaintiff's constitutional rights have been violated, the plaintiff is entitled to judgment and an award of at least nominal damages. Carey v. Piphus, 435 U.S. 247, 266–67, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978); Yniguez v. Arizonans for Official English, 69 F.3d 920 (9th Cir. 1995), reversed due to mootness, 520 U.S. 43, 117 S.Ct. 1055, 137 L.Ed.2d 170 (1997).
[Current as of September 2018.]
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