Torts. The term “nominal damages” refers to damages (usually in negligible amout) that are awarded to a plaintiff in an action, where there is no substantial loss or injury to be compensated, but still the law recognizes a technical invasion of his rights or a breach of the defendant’s duty, or in cases where, although there has been a real injury, the plaintiff’s evidence fails to establish its amount.
Nominal damages are awarded in cases where plaintiff is not required to prove actual damages (e.g., in trespass to land cases) to vindicate plaintiff’s claim. An award of nominal damages may entitle an award of costs of suit to plaintiff and, in some cases, punitive damages.
Reference Desk
Seeling v. Missouri, K.T. Ry. Co., 287 Mo. 343 (1921)
By nominal damages is meant those awarded where, from the nature of the case, some injury has been done, the amount of which the proofs fail entirely to show; or, differently expressed, a trifling sum awarded where a breach of duty or an infraction of the plaintiff’s right is shown, but no serious loss is proved to have been sustained.
Hughes v. Lott, 350 F.3d 1157 (11th Cir. 2003)
Nominal damages are appropriate if a plaintiff establishes a violation of a fundamental constitutional right, even if he cannot prove actual injury sufficient to entitle him to compensatory damages. Carey v. Piphus, 435 U.S. 247, 255, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978). Nominal damages are available for Fourth Amendment violations. See Slicker v. Jackson, 215 F.3d 1225, 1227 (11th Cir. 2000) (approving of nominal damages award in Fourth Amendment excessive force claim). Relying on the plain text of the statute, the Second, Third, Seventh, Ninth, and Tenth Circuits have interpreted § 1997e(e) not to preclude a prisoner from seeking nominal damages. See Calhoun v. DeTella, 319 F.3d 936, 941 (7th Cir. 2003); Oliver v. Keller, 289 F.3d 623, 630 (9th Cir. 2002); Thompson v. Carter, 284 F.3d 411, 418 (2d Cir. 2002); Searles v. Van Bebber, 251 F.3d 869, 878-79 (10th Cir. 2001); Allah v. Al-Hafeez, 226 F.3d 247, 252 (3d Cir. 2000).