Plaintiffs who do seek damages for establishment clause violations often do so to forestall potential mootness issues even absent any likelihood of substantial damages. Injunctive relief claims can become moot either because the plaintiff cannot show the injury is capable of repetition to her, or, particularly in circuits that employ a presumption in favor of government defendants to overcome U.S. v. W.T. Grant Co., because the school officials voluntarily cease the allegedly unconstitutional conduct.
Mike Michael R. Masinter Professor of Law Nova Southeastern University 3305 College Avenue Fort Lauderdale, FL 33314vi 954.262.6151 masint...@nsu.law.nova.edu From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Doug Laycock Sent: Friday, June 12, 2015 10:38 AM To: 'Law & Religion issues for Law Academics' Subject: RE: I think there is no legal or doctrinal basis for her statement. But the practical reality is that the damages are emotional or dignitary, and juries are generally unsympathetic, so plaintiffs usually don't seek damages and don't recover much when they do. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marc Stern Sent: Friday, June 12, 2015 9:44 AM To: Law & Religion issues for Law Academics Subject: In Smith v Jefferson County Bd. of School Comm'rs, 13-5957,decided yesterday by the Sixth Circuit,, the concurring judge(Judge Batchelder) said flat out that "We do not grant monetary damages for violations of the Establishment Clause." No authority is cited for that proposition ,other than a remark that EC relief is "equitable in nature. " I know that other courts have awarded such damages, although with the exception of one 10th Circuit case, I don't know of any published opinions. Is Judge Batchelder right about this claim? I understand it will often be difficult to prove or quantify such damages, but I don't see a blanket rule against them. Marc D. Stern General Counsel AJC 212 891 1480 646 289 2707 (c ) 212 891 1495 (f) ste...@ajc.org<mailto:ste...@ajc.org> www.ajc.org<http://www.ajc.org/> Facebook.com/AJCGlobal<http://www.facebook.com/AJCGlobal> Twitter.com/AJCGlobal<http://www.twitter.com/AJCGlobal> [Description: cid:image005.jpg@01CFA04D.71B24C30]
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