CHIKE UZUEGBUNAM
v.
STANLEY C. PRECZEWSKI
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An award of nominal damages by itself can redress a past injury, thus saving otherwise moot constitutional challenges.
Appellants brought constitutional challenges, but the initial panel found their claims moot because they only sought nominal damages. The Supreme Cour…
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PER CURIAM:
When this case came to us initially, binding circuit precedent required that we conclude that Appellants' nominal damages claims alone could not save their otherwise moot constitutional challenges. Uzuegbunam v. Preczewski, 781 F. App'x 824, 830-32 (11th Cir. 2019) (citing Flanigan's Enters., Inc. of Ga. v. City of Sandy Springs, 868 F. 3d 1248, 1263-71 (11th Cir. 2017) (en banc)). On March 8, 2021, the United States Supreme Court reversed this panel's opinion, holding that "an award of nominal damages by itself can redress a past injury." Uzuegbunam v. Preczewski, 141 S. Ct. 792, 796 (2021). For the reasons stated in the Supreme Court's decision, we reverse the district court's dismissal of Appellants' First Amended Complaint and remand for further proceedings consistent with the Supreme Court's decision.[fn 1]
REVERSED AND REMANDED.
[fn 1]: The parties' joint motion to extend all deadlines until thirty days after this Court issues its mandate is DENIED AS MOOT.
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Citator
Authorities Cited
- Flanigan's Enters. v. City OF Sandy Springs, 868 F.3d 1248 (11th Cir. 2017)