Public entity may be liable for use of excessive force even though plaintiff suffered no physical injury.

The plaintiff alleged that two police officers violated his civil rights pursuant to 42 U.S.C. § 1983. A jury returned a verdict that found that the officers did, in fact, violate his civil rights but did not cause injury to the plaintiff. The jury awarded $1.00 in nominal damages. In denying the defendants' motion to alter judgment, Judge Irenas found that the defendants may be liable for the use of excessive force even though a jury found the plaintiff suffered no physical injury and upheld the $1.00 award.

Case Law Alert - 1st Qtr 2011