Moore v. Liszewski, No. 14-3244 (7th Cir. 2016)Annotate this Case
An Illinois inmate sued a corrections officer, Liszewski, with whom he had had an altercation almost a decade ago, alleging excessive force. On remand after an initial dismissal, a jury determined that Liszewski had used excessive force, but awarded Moore only one dollar on the ground (one of the options given in jury instructions) that the excessive force had not caused injury, so there was nothing to compensate. After exploring the justifications for awarding nominal damages as opposed to simply rejecting the suit, the Seventh Circuit affirmed. “By making the deprivation of such rights . . . actionable for nominal damages without proof of actual injury, the law recognizes the importance to organized society that those rights be scrupulously observed; but at the same time, it remains true to the principle that substantial damages should be awarded only to compensate actual injury or, in the case of exemplary or punitive damages, to deter or punish malicious deprivations of rights.” The court noted evidence that Moore’s the injury was attributable to having fallen and hit his head on a table, an accident not caused by Liszewski.