4um: Hey, Shoonra... Come in please!

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Title: Hey, Shoonra... Come in please!
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Published: Jun 8, 2013
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Post Date: 2013-06-08 11:00:13 by Artisan
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Views: 553
Comments: 23

Hey Shoonra, youve said that youre a lawyer, and I have a lawyer question. Can you give me actual examples, as in, links, of a computation of damages from any civil rights court case? I understand the following but cant find any actual examples, such as, from actual lawsuits. Thanks!

F.R.C.P. 26(a)(1)(C) A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered:
Poster Comment:
p.s. my great grandparents had the surname Grossman! :-)
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#1. To: Artisan (#0)
You ask on a weekend. This may take me a few days.

Shoonra posted on 2013-06-08 13:38:21 ET Reply Trace Private Reply
#2. To: Shoonra, Artisan (#1)
You ask on a weekend. This may take me a few days.

A few days?! Didn't you see this part that means prioritize at your best speed?:

p.s. my great grandparents had the surname Grossman! :-)

How about if Artisan types another "n" after the one in the surname? Would you consider working on the weekend then to do the requested research? It seems to be of some importance.
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"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
GreyLmist posted on 2013-06-08 15:05:25 ET Reply Trace Private Reply
#3. To: Artisan (#0)
'tube breakdown -

Wish I had a clue what you need.
The music is most annoying.
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
Lod posted on 2013-06-08 15:30:05 ET Reply Trace Private Reply
#4. To: Artisan (#0) (Edited)
See here. http://legal-dictionary.thefreedictionary.com/damages

Not every civil rights cases is the same with regards to damages. Each case is unique depending on how you have pled your case.
With yours, I see two matters of concern you may wish to point out in seeking damages.
Compensatory damages
Nominal damages
And I noticed that Injunctive Relief is not mentioned. You should pray to this as well. Permanent Injunctive Relief.
What you want to do is plead for prayer of relief that is reasonable to the Opposing parties and the judge.

Also, is that F.R.C.P. Rule 34 you pointed out regarding federal rules of evidence? Or is that the federal local law? And what district is it? Like perhaps this http://www.txed.uscourts.gov/page1.shtml?location=rules. Are you Eastern district or Western District, Southern or Northern district? You need to know very specific about this this when filing any matters in federal courts.

You need to be familiar with not just F.R.C.P. but F.R.E.P. and the local laws that apply to that specific court. Look at the top of the face page of your Original Complaint filed in federal court. What court is it exactly?

purplerose posted on 2013-06-08 15:33:08 ET Reply Trace Private Reply
#5. To: purplerose (#4)
Permanent Injunctive Relief.

Can the court grant that to apply to all cops everywhere re: sleeping drivers?
Thanks
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
Lod posted on 2013-06-08 15:36:36 ET Reply Trace Private Reply
#6. To: Lod (#5) (Edited)
No, it would only apply to those troopers you are suing.

purplerose posted on 2013-06-08 15:44:25 ET Reply Trace Private Reply
#7. To: purplerose (#6)
Rats.
But it would surely get the attention of the DPS in TX.
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
Lod posted on 2013-06-08 15:46:41 ET Reply Trace Private Reply
#8. To: Lod (#7)
Yes, it will definitely get the attention of those troopers in Texas. It may even set legal precendent but we shall see. Depending on where this matter goes.

purplerose posted on 2013-06-08 15:48:27 ET Reply Trace Private Reply
#9. To: Artisan (#0) (Edited)
Here is the online site for your court. You filed your case in the Western District. So click on below. I am not sure if you are referring to Local Rule 34 or F.R.C.P. 34. If it is the Local Rule you'll find it on the site here http://www.txwd.uscourts.gov/default1.asp
I believe that this Rule 34 applies to F.R.C.P. Rule 34 and that means you are in the Discovery phase.

purplerose posted on 2013-06-08 15:57:16 ET Reply Trace Private Reply
#10. To: purplerose (#9)
Great researcher.
Much, much better than my FRCP for dummies video.
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
Lod posted on 2013-06-08 16:04:01 ET Reply Trace Private Reply
#11. To: Lod (#10) (Edited)
Well, I'm doing my very best. I'm not used to doing lawsuits online. I'm used to doing them in the traditional format in federal courts. Much of the laws and case laws you won't find online. You have dig your way through them in the law libraries. I would be researching for up to 9 hours in the Downtown L.A. Law Library and at Roy Ball Federal Courthouse. The migraines I endured were hell.

purplerose posted on 2013-06-08 16:06:24 ET Reply Trace Private Reply
#12. To: purplerose (#11)
My religion prohibits both vacancies and lawsuits (except eviction for non-payment of rent).
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
Lod posted on 2013-06-08 16:11:41 ET Reply Trace Private Reply
#13. To: Lod (#12)
Each State has their own law on how citizens may invoke their personal rights to exemption from being vaccinated.

purplerose posted on 2013-06-08 16:12:46 ET Reply Trace Private Reply
#14. To: Lod (#12) (Edited)
Sorry I misread that. I thought vacancies read "vaccinations". My eyes playing tricks on me today. I'm very tired. I need another pot of coffee.

purplerose posted on 2013-06-08 16:19:32 ET Reply Trace Private Reply
#15. To: purplerose (#14)
As is said in street round-ball, no blood, no foul.
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
Lod posted on 2013-06-08 16:26:41 ET Reply Trace Private Reply
#16. To: Artisan (#0) (Edited)
Artisan, I believe that Rule 34 is for Discovery purposes. The reason for this is that when you go to the remediation room with the Opposing Party, your case will go in either on or the other direction depending on how you present your proposed settlement agreement. If the other party agrees, then you may not have to go to the Discovery phase at all. However, it is still a smart idea to have your list of questions ready to produce (for Discovery process). Questions you may wish to ask the party. Also be ready to defend your responses to their questions on you being deprived of your Rights. Tell them how much a truckers sleep is worth when they have to drive for long periods of time.
Here is Rule 34. From the matter by which you posted it, I was made unclear of what you were referring to. Check it out as it applies to you www.law.cornell.edu/rules/frcp/rule_34

And here is an example of how you may draft your list of questions (start looking at page 9) http://www.ekhlaw.com/cm/article...hering-and-production.pdf

Here's another sample and is much better http://www.scribd.com/doc/458579...r-Documents-Under-Rule-34

As I mentioned in on my posts here, I'm not used to filing lawsuits online or research for that matter. I always did them at the law library.

purplerose posted on 2013-06-08 17:03:33 ET Reply Trace Private Reply
#17. To: Lod (#3)
The music is most annoying.

I like it very much.
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"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
GreyLmist posted on 2013-06-08 17:18:56 ET Reply Trace Private Reply
#18. To: Artisan (#0) (Edited)
The Rule cites are not much help. Rule 26 is the general duty to disclose to the opposition, Rule 34 is about disclosing documents to the opposition. These apply mostly to the lawsuit while in progress.
But the computation of damages usually does not require info belonging to the opposition. It involves things that the plaintiff can usually estimate or calculate on his own, usually one amount at the beginning of the lawsuit and maybe an amended amount when the lawsuit ends in his favor that will take into account the intervening passage of time. I would very much like to find for Artisan a court decision or law review article that discusses what data/method is used for this calculation but law schools just had their graduation, so the summer hours for their libraries are reduced.

Shoonra posted on 2013-06-08 18:11:11 ET Reply Trace Private Reply
#19. To: Artisan (#0) (Edited)
I found another case that gives example of praying for relief. See here https://www.rutherford.org/files_images/general/11-21-2012_TRO-Petition_Hernandez.pdf

I may also suggest that if you have time next week, go downtown L.A. to the law library, I believe it's on 3rd and First Street and go to the desk counter and have an assistant guide you to the Matthew Bender Discovery books. You need to get an idea of how you want to construct your list of questions.
When you get to that book it will give you an idea of how to craft your pleading, under Rule 33 of F.R.C.P. a list of questions you may wish to ask the defendants. I strongly advise you to go there to the law library asap and look into that. Matthew Bender is an excellent source to guide you. I wish I were there in L.A. and could call you up and meet with you down there. I know that library very well.
This is what you should look for when you are down there www.lexisnexis.com/store/...l.jsp?prodId=prod15590521

purplerose posted on 2013-06-08 22:34:35 ET Reply Trace Private Reply
#20. To: Shoonra, purplerose (#18) (Edited)
Shoonra, Thanks anyway. and purplerose you are a gem and very helpful as always. :-) i found a page explaining the categories of damages, here http://legal- dictionary.thefreedictionary.com/damages. while i didnt find a precise explanation of how to calculate the amounts, the page was helpful.

But even more interesting is the broader topic which follows here. the following essay is about the fact that many people suffer rights violations that are 'minor' (they dont suffer shocking or eggregious injuies, but rather everyday violations which the cops get away with. because while they are conceded violations, they are not big money cases which is supposedly why congress enacted 42 U.S.C. Section 1988. But it obviously has not been adequate. The author, whoever he is, really gets it and has keen insight into the real world and the problems people face whe trying to right an injustice.

From http://jneedlel.home.mi ndspring.com/attyfees2.htm
Argument of Counsel
The public interest mandates that fundamental constitutional rights be aggressively enforced regardless of the size of an award of damages. Access to courts is essential for that enforcement. Meaningful access to courts requires competent counsel.(1)
Where damages are substantial and liability is likely, attracting competent counsel is relatively easy because a reasonable contingent fee can be anticipated. Where damages are insubstantial, however, the availability of a court awarded fee is the only anticipated fee and essential to attract competent counsel. See Davies, Julie, Federal Civil Rights Practice in the 1990's: The Dichotomy Between Reality and Theory, 48 Hastings Law Journal 197 (1997)(analyzing interviews with civil rights practitioners on the impact of fee shifting statutes). Reliance upon the pro bono efforts of private trial attorneys is insufficient to provide meaningful access to justice.(2)
The overwhelming majority of constitutional violations do not result in substantial damages. Examples of such constitutional violations include, but are not limited to, illegal stops for relatively brief periods of time - including racial profiling, illegal entry and searches of homes and cars, illegal arrests with very brief incarceration, and excessive force resulting in no serious injury. These cases and others involving dignitary interests have a high potential for nominal damages.(3) Without the potential for a fee in nominal damage cases, routine constitutional violations such as these, without substantial damages, will very rarely be litigated. The Civil Rights Attorney Fees Award Act was enacted to encourage such litigation.
The Civil Rights Attorney Fees Award Act of 1976, 90 Stat. 2641, as amended, 42 U.S.C. Section 1988, provides for a reasonable attorney fee to the prevailing party. In City of Riverside v. Rivera, 477 U.S. 561, 577, 106 S.Ct. 2686, 91 L.Ed.2d 466 (1986), the Court acknowledged that the statute was enacted to encourage private attorney generals, and that Congress did not intend the recovery of fees to depend upon substantial monetary damages. This statute was enacted "specifically to enable plaintiffs to enforce the civil rights laws even where the amount of damages at stake would not otherwise make it feasible for them to do so." Id. (citing legislative history). The inability to vindicate constitutional rights due to a lack of resources damages the entire nation and not just the individual citizen. Specifically, the Court held:
Congress expressly recognized that a plaintiff who obtains relief in a civil rights lawsuit "does so not for himself alone, but also as a "private attorney general," vindicating a policy that Congress considered of the highest importance." House Report at 2 (quoting Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402 (1968)). If the citizen does not have the resources, his day in court is denied him; the congressional policy which he seeks to assert and vindicate goes unvindicated; and the entire Nation, not just the individual citizen, suffers. 122 Cong.Rec. 33313 (1976) (remarks of Sen. Tunney). Because damages awards do not reflect fully the public benefit advanced by civil rights litigation, Congress did not intend for fees in civil rights cases, unlike most private law cases, to depend on obtaining substantial monetary relief. Rather, Congress made clear that it intended that the amount of fees awarded under [§ 1988] be governed by the same standards which prevail in other types of equally complex Federal litigation, such as antitrust cases, and not be reduced because the rights involved may be nonpecuniary in nature. Senate Report at 6 (emphasis added). Rivera at 575 (emphasis added). "Regardless of the form of relief he actually obtains, a successful civil rights plaintiff often secures important social benefits that are not reflected in nominal or relatively small damages awards." Id. at 574. In Washington State Republican Party v. Washington State Public Disclosure Com'n, 141 Wn.2d 245, 4 P.3d 808 (2000), this Court acknowledged that "[w]hen enacting §1988, Congress intended to facilitate actions for enforcement of civil rights." Citing the legislative history, the Court further acknowledged:

All of these civil rights laws depend heavily upon private enforcement, and fee awards have proved an essential remedy if private citizens are to have a meaningful opportunity to vindicate the important Congressional policies which these laws contain. In many cases arising under our civil rights laws, the citizen who must sue to enforce the law has little or no money with which to hire a lawyer. If private citizens are to be able to assert their civil rights, and if those who violate the Nation's fundamental laws are not to proceed with impunity, then citizens must have the opportunity to recover what it costs them to vindicate these rights in court. S.Rep. No. 94-1011, 94th Cong., 2nd Sess., reprinted in 1976 U.S.Code Cong. & Admin. News 5908, 5910. Id. at 287-288. Section 1988's "chief purpose is to enable enforcement actions so that those whose rights are violated may obtain meaningful redress." Id. Private trial attorneys who accept their social responsibility to vindicate constitutional rights in cases with insubstantial damages are performing a substantial public service. Those attorneys act and were intended to act as private attorney generals.(4) The benefits of the litigation they bring transcend the benefits to an individual Plaintiff. It confers benefits to the entire society by vindicating constitutional rights and holding public officials accountable to the rule of law.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
Artisan posted on 2013-06-09 23:14:00 ET Reply Trace Private Reply
#21. To: Artisan (#20)
Artisan
That is a brilliant post! It surely infuriated me about the part where the judge only chose to award $1.00 for nominal fees. It appears that judge was not acting reasonable in his official capacity.
The rest of the article is fantastic.
I know you have a legal document that is due to be turned in by tomorrow. If I do not respond the rest of this afternoon or by pm it is because I've been out of internet service since Saturday and am waiting for someone to fix the problem as it certainly inconveniences me. I'm using the public library right now and you are only allowed 30 minutes of time per use. But hey its better than no access at all.

purplerose posted on 2013-06-10 14:39:18 ET Reply Trace Private Reply
#22. To: Artisan (#20)
I had found a very few cases that mentioned, simply mentioned, the process of calculating the damages in a civil rights case. But they did not discuss the nuts and bolts of making the calculation. Mostly they indicated that the civil rights case, having been won on the merits, would be turned over briefly to a magistrate for the negotiations and arguing over the amount of damages.
Johnston v. Harris Flood Control District (5th Cir 1989) 869 F2d 1525, 51 Fair Empl.Prac.Cases 467, 50 Empl.Prac.Dec. ¶ 937 cert.den 493 US 1019; Jordan v. City of Cleveland (6th Cir 2006) 464 F3d 584, 98 Fair Empl.Prac.Cases 682.
Also a few law review articles:
"Monetary Recovery in Fair Housing Actions" by DeJong, 31 Washington & Lee L.Rev. 791 (1974); "Compensatory Damage Awards in Section 1983 Actions" 34 Wayne L.Rev. 1373 (1988); "Injury Free But Money for Me" by Brownstein, 84 Boston Univ. L.Rev. 1049 )2004).
I think there are some textbooks on handling civil rights lawsuits which may discuss the mechanics of computing the damage awards, as well as books on Remedies which discuss the calculating of damages in a wide variety of cases.

Shoonra posted on 2013-06-10 20:51:12 ET Reply Trace Private Reply
#23. To: Shoonra (#22)
thanks for those, i will check them out.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
Artisan posted on 2013-06-10 23:09:55 ET Reply Trace Private Reply
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