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SUPREME COURT OF THE UNITED STATES
_________________
No. 19–968
_________________
CHIKE UZUEGBUNAM, et al., PETITIONERS
v. STANLEY C. PRECZEWSKI, et al.
on writ of certiorari to the united states
court of appeals for the eleventh circuit
[March 8, 2021]
Justice Thomas delivered the opinion of the
Court.
At all stages of litigation, a plaintiff must
maintain a personal interest in the dispute. The doctrine of
standing generally assesses whether that interest exists at the
outset, while the doctrine of mootness considers whether it exists
throughout the proceedings. To demonstrate standing, the plaintiff
must not only establish an injury that is fairly traceable to the
challenged conduct but must also seek a remedy that redresses that
injury. And if in the course of litigation a court finds that it
can no longer provide a plaintiff with any effectual relief, the
case generally is moot. This case asks whether an award of nominal
damages by itself can redress a past injury. We hold that it
can.
I
According to the complaint, Chike Uzuegbunam
is an evangelical Christian who believes that an important part of
exercising his religion includes sharing his faith. In 2016,
Uzuegbunam decided to share his faith at Georgia Gwinnett College,
a public college where he was enrolled as a student. At an outdoor
plaza on campus near the library where students often gather,
Uzuegbunam engaged in conversations with interested students and
handed out religious literature.
A campus police officer soon informed Uzuegbunam
that campus policy prohibited distributing written religious
materials in that area and told him to stop. Uzuegbunam complied
with the officer’s order. To learn more about this policy, he then
visited the college’s Director of the Office of Student Integrity,
who was directly responsible for promulgating and enforcing the
policy. When asked if Uzuegbunam could continue speaking about his
religion if he stopped distributing materials, the official said
no. The official explained that Uzuegbunam could speak about his
religion or distribute materials only in two designated “free
speech expression areas,” which together make up just 0.0015
percent of campus. And he could do so only after securing the
necessary permit. Uzuegbunam then applied for and received a permit
to use the free speech zone.
Twenty minutes after Uzuegbunam began speaking
on the day allowed by his permit, another campus police officer
again told him to stop, this time saying that people had complained
about his speech. Campus policy prohibited using the free speech
zone to say anything that “disturbs the peace and/or comfort of
person(s).” App. to Pet. for Cert. 151(a). The officer told
Uzuegbunam that his speech violated this policy because it had led
to complaints. The officer threatened Uzuegbunam with disciplinary
action if he continued. Uzuegbunam again complied with the order to
stop speaking. Another student who shares Uzuegbunam’s faith,
Joseph Bradford, decided not to speak about religion because of
these events.
Both students sued a number of college officials
in charge of enforcing the college’s speech policies, arguing that
those policies violated the First Amendment. As relevant here, they
sought nominal damages and injunctive relief. Respondents initially
attempted to defend the policy, stating that Uzuegbunam’s
discussion of his religion “arguably rose to the level of ‘fighting
words.’ ”
Id., at 155(a). But the college officials
quickly abandoned that strategy and instead decided to get rid of
the challenged policies. They then moved to dismiss, arguing that
the suit was moot, because of the policy change. The students
agreed that injunctive relief was no longer available, but they
disagreed that the case was moot. They contended that their case
was still live because they had also sought nominal damages. The
District Court dismissed the case, holding that the students’ claim
for nominal damages was insufficient by itself to establish
standing.
The Eleventh Circuit affirmed. 781 Fed. Appx.
824 (2019). It stated that a request for nominal damages can save a
case from mootness in certain circumstances, such as where a person
pleads but fails to prove an amount of compensatory damages. But,
because the students did not request compensatory damages, their
plea for nominal damages could not by itself establish
standing.
We granted certiorari to consider whether a
plaintiff who sues over a completed injury and establishes the
first two elements of standing (injury and traceability) can
establish the third by requesting only nominal damages. 591
U. S. ___ (2020). We now reverse.
II
To satisfy the “ ‘irreducible
constitutional minimum’ ” of Article III standing, a plaintiff
must not only establish (1) an injury in fact (2) that is
fairly traceable to the challenged conduct, but he must also seek
(3) a remedy that is likely to redress that injury.
Spokeo,
Inc. v.
Robins, 578 U.S. 330, 338 (2016); see also
Gill v.
Whitford, 585 U. S. ___, ___–___ (2018)
(slip op., at 13–14). There is no dispute that Uzuegbunam has
established the first two elements. The only question is whether
the remedy he sought—nominal damages—can redress the constitutional
violation that Uzuegbunam alleges occurred when campus officials
enforced the speech policies against him.
A
In determining whether nominal damages can
redress a past injury, we look to the forms of relief awarded at
common law. “Article III’s restriction of the judicial power to
‘Cases’ and ‘Controversies’ is properly understood to mean ‘cases
and controversies of the sort traditionally amenable to, and
resolved by, the judicial process.’ ”
Vermont Agency of
Natural Resources v.
United States ex rel. Stevens,
529 U.S.
765, 774 (2000) (quoting
Steel Co. v.
Citizens for
Better Environment,
523 U.S.
83, 102 (1998)); cf.
Memphis Community School Dist. v.
Stachura,
477 U.S.
299, 306 (1986) (relief for “§1983 plaintiffs . . .
is ordinarily determined according to principles derived from the
common law of torts”). The parties here agree that courts at common
law routinely awarded nominal damages. They, instead, dispute what
kinds of harms those damages could redress.
Both sides agree that nominal damages
historically could provide prospective relief. The award of nominal
damages was one way for plaintiffs at common law to “obtain a form
of declaratory relief in a legal system with no general declaratory
judgment act.” D. Laycock & R. Hasen, Modern American Remedies
636 (5th ed. 2019). For example, a trespass to land or water rights
might raise a prospective threat to a property right by creating
the foundation for a future claim of adverse possession or
prescriptive easement.
Blanchard v.
Baker, 8 Me. 253,
268 (1832) (“If an unlawful diversion [of water] is suffered for
twenty years, it ripens into a right, which cannot be
controverted”). By obtaining a declaration of trespass, a property
owner could “vindicate his right by action” and protect against
those future threats.
Ibid. Courts at common law would not
declare property boundaries in the abstract, “but the suit for
nominal damages allowed them to do so indirectly.” Laycock,
supra, at 636.
The parties disagree, however, about whether
nominal damages alone could provide retrospective relief. Stressing
the declaratory function, respondents argue that nominal damages by
themselves redressed only continuing or threatened injury, not past
injury.
But cases at common law paint a different
picture. Early courts required the plaintiff to prove actual
monetary damages in every case: “[I]njuria & damnum [injury and
damage] are the two grounds for the having [of] all actions, and
without these, no action lieth.”
Cable v.
Rogers, 3
Bulst. 311, 312, 81 Eng. Rep. 259 (K. B. 1625). Later courts,
however, reasoned that
every legal injury necessarily causes
damage, so they awarded nominal damages absent evidence of other
damages (such as compensatory, statutory, or punitive damages), and
they did so where there was no apparent continuing or threatened
injury for nominal damages to redress. See,
e.g.,
Barker v.
Green, 2 Bing. 317, 130 Eng. Rep. 327 (C.
P. 1824) (nominal damages awarded for 1-day delay in arrest because
“if there was a breach of duty the law would presume some damage”);
Hatch v.
Lewis, 2 F. & F. 467, 479, 485–486, 175
Eng. Rep. 1145, 1150, 1153 (N. P. 1861) (ineffective
assistance by criminal defense attorney that does not prejudice the
client);
Dods v.
Evans, 15 C. B. N. S. 621, 624,
627, 143 Eng. Rep. 929, 930–931 (C. P. 1864) (breach of
contract);
Marzetti v.
Williams, 1 B. & Ad. 415,
417–418, 423–428, 109 Eng. Rep. 842, 843, 845–847 (K. B. 1830)
(bank’s 1-day delay in paying on a check);
id., at 424, 109
Eng. Rep., at 845 (recognizing that breach of contract could create
a continuing injury but determining that the fact of breach of
contract by itself justified nominal damages).
The latter approach was followed both before and
after ratification of the Constitution. An early case about voting
rights effectively illustrates this common-law understanding. Faced
with a suit pleading denial of the right to vote, the court
rejected the plaintiff ’s claim because, among other reasons,
the plaintiff had not established actual damages.
Ashby v.
White, 2 Raym. Ld. 938, 941–943, 948, 92 Eng. Rep. 126, 129,
130, 133 (K. B. 1703). Dissenting, Lord Holt argued that the common
law inferred damages whenever a legal right was violated. Observing
that the law recognized “not merely pecuniary” injury but also
“personal injury,” Lord Holt stated that “every injury imports a
damage” and that a plaintiff could always obtain damages even if he
“does not lose a penny by reason of the [violation].”
Id.,
at 955, 92 Eng. Rep., at 137. Although Lord Holt was in the
minority, the House of Lords overturned the majority decision, thus
validating Lord Holt’s position, 3 Salk. 17, 91 Eng. Rep. 665
(K. B. 1703), and this principle “laid down . . . by Lord
Holt” was followed “in many subsequent cases,”
Embrey v.
Owen, 6 Exch. 353, 368, 155 Eng. Rep. 579, 585 (1851).
The dissent correctly notes that English courts
differed in some respects from courts under our system, but Lord
Holt’s position also prevailed in courts on this side of the
Atlantic. Applying what he called Lord Holt’s “incontrovertible”
reasoning, Justice Story explained that a prevailing plaintiff “is
entitled to a verdict for nominal damages” whenever “no other [kind
of damages] be proved.”
Webb v.
Portland Mfg.
Co., 29 F. Cas. 506, 508–509 (No. 17,322) (CC Me. 1838).
Because the common law recognized that “every violation imports
damage,” Justice Story reasoned that “[t]he law tolerates no
farther inquiry than whether there has been the violation of a
right.”
Ibid. Justice Story also made clear that this logic
applied to both retrospective and prospective relief.
Id.,
at 507 (stating that nominal damages are available “wherever there
is a wrong” and that, “[a] fortiori, this doctrine applies where
there is not only a violation of a right of the plaintiff, but the
act of the defendant, if continued, may become the foundation, by
lapse of time, of an adverse right”).
The dissent discounts Justice Story’s statement,
saying that he took a potentially contradictory position elsewhere
and asserted that both actual damages and a violation of a legal
right are required.
Post, at 7–8 (opinion of Roberts,
C. J.). But in the same source the dissent cites, Justice
Story said that nominal damages are “presumed” “[w]here the breach
of duty is clear.” Commentaries on the Law of Agency §217, p. 211
(1839). Justice Story adopted the same position a few years later.
Whipple v.
Cumberland Mfg. Co., 29 F. Cas. 934, 936
(No. 17,516) (CC Me. 1843) (stating that it is “well-known and
well-settled” that “wherever a wrong is done to a right,” at
minimum “nominal damages will be given”). And other jurists
declared that “[t]he principle that every injury legally imports
damage, was decisively settled, in the case of
Ashby.”
Parker v.
Griswold, 17 Conn. *288, *304–*306 (1845)
(citing many cases on both sides of the Atlantic, including
Webb and
Marzetti). This history is hardly one of
“indeterminate sources.”
Post, at 8.
Admittedly, the rule allowing nominal damages
for a violation of any legal right, though “decisively settled,”
Parker, 17 Conn., at *304, was not universally followed—as
is true for most common-law doctrines. And some courts only
followed the rule in part, recognizing the availability of nominal
damages but holding that the improper denial of nominal damages
could be harmless error. Yet, even among these courts, many adopted
the rule in full whenever a person proved that there was a
violation of an “important right.”
E.g., Hecht v.
Harrison, 5 Wyo. 279, 290,
40 P. 306, 309–310 (1895); accord,
Reid v.
Johnson, 132 Ind. 416, 419, 31 N.E. 1107, 1108 (1892)
(“substantial right”). Nonetheless, the prevailing rule, “well
established” at common law, was “that a party whose rights are
invaded can always recover nominal damages without furnishing any
evidence of actual damage.” 1 T. Sedgwick, Measure of Damages 71,
n. a (7th ed. 1880); see also
id., at 72 (citing Lord
Holt’s opinion in
Ashby).
That this rule developed at common law is
unsurprising in the light of the noneconomic rights that
individuals had at that time. A contrary rule would have meant, in
many cases, that there was no remedy at all for those rights, such
as due process or voting rights, that were not readily reducible to
monetary valuation. See D. Dobbs, Law of Remedies §3.3(2) (3d ed.
2018) (nominal damages are often awarded for a right “not economic
in character and for which no substantial non-pecuniary award is
available”); see also
Carey v.
Piphus,
435 U.S.
247, 266–267 (1978) (awarding nominal damages for a violation
of procedural due process). By permitting plaintiffs to pursue
nominal damages whenever they suffered a personal legal injury, the
common law avoided the oddity of privileging small-dollar economic
rights over important, but not easily quantifiable, nonpecuniary
rights.
B
Respondents and the dissent attempt to
discount this historical line of cases by contending that something
other than nominal damages provided redressability. They argue
instead that courts could award nominal damages only when a
plaintiff pleaded compensatory damages but failed to prove a
specific amount. In those circumstances, they say, the plea for
compensatory damages is what satisfied the redressability
requirement, and courts awarded nominal damages merely as a
technical matter. We do not agree.
To begin with, the cases themselves did not
require a plea for compensatory damages as a condition for
receiving nominal damages. Lord Holt spoke in categorical terms:
“[E]very injury imports a damage,” so a plaintiff who proved a
legal violation could always obtain some form of damages because he
“must of necessity have a means to vindicate and maintain [the
right].”
Ashby, 2 Raym. Ld., at 953–955, 92 Eng. Rep., at
136–137. Justice Story’s language was no less definitive: “The law
tolerates no farther inquiry than whether there has been the
violation of a right.”
Webb, 29 F. Cas., at 508. When a
right is violated, that violation “imports damage in the nature of
it” and “the party injured is entitled to a verdict for nominal
damages.”
Id., at 508.
Respondents and the dissent thus get the
relationship between nominal damages and compensatory damages
backwards. Nominal damages are not a consolation prize for the
plaintiff who pleads, but fails to prove, compensatory damages.
They are instead the damages awarded by default until the plaintiff
establishes entitlement to some other form of damages, such as
compensatory or statutory damages. See,
e.g., Dods,
15 C. B. N. S., at 621, 627, 143 Eng. Rep., at 929, 931
(prevailing plaintiff entitled to nominal damages as a matter of
law even where jury neglected to find them); see also
Stachura, 477 U. S., at 308 (rejecting the argument
that courts could presume, without proof, damages greater than
nominal).
The argument that a claim for compensatory
damages is a prerequisite for an award of nominal damages also
rests on the flawed premise that nominal damages are purely
symbolic, a mere judicial token that provides no actual benefit to
the plaintiff. That contention is not without some support. See,
e.g., Stanton v
. New York & Eastern R.
Co., 59 Conn. 272, 282, 22 A. 300, 303 (1890) (“Nominal damages
mean no damages at all. They exist only in name, and not in
amount”); but cf.
ibid. (still recognizing that nominal
damages are appropriate when a right is violated). But this view is
against the weight of the history discussed above, and we have
already expressly rejected it. Despite being small, nominal damages
are certainly concrete. The dissent says that “an award of nominal
damages does not change [a plaintiff’s] status or condition at
all.”
Post, at 3. But we have already held that a person who
is awarded nominal damages receives “relief on the merits of his
claim” and “may demand payment for nominal damages no less than he
may demand payment for millions of dollars in compensatory
damages.”
Farrar v.
Hobby,
506
U.S. 103, 111, 113 (1992). Because nominal damages are in fact
damages paid to the plaintiff, they “affec[t] the behavior of the
defendant towards the plaintiff ” and thus independently
provide redress.
Hewitt v.
Helms,
482 U.S.
755, 761 (1987) (emphasis deleted); accord,
Mission Product
Holdings, Inc. v.
Tempnology, LLC, 587 U. S. ___,
___ (2019) (slip op., at 6) (“If there is any chance of money
changing hands, [the] suit remains live”). True, a single dollar
often cannot provide full redress, but the ability “to effectuate a
partial remedy” satisfies the redressability requirement.
Church
of Scientology of Cal. v.
United States,
506 U.S.
9, 13 (1992).
The next difficulty faced by respondents and the
dissent is their inability to square their argument with
established principles of standing. Because redressability is an
“ ‘irreducible’ ” component of standing,
Spokeo,
578 U. S., at 338, no federal court has jurisdiction to enter
a judgment unless it provides a remedy that can redress the
plaintiff ’s injury. Yet early courts routinely awarded
nominal damages alone. Certainly, no one seems to think that those
judgments were without legal effect. Those nominal damages
necessarily must have provided redress. Respondents contend that a
request for compensatory damages at the pleading stage was what
provided the basis for nominal damages at the judgment stage. But a
plaintiff must maintain a personal interest in the dispute at every
stage of litigation, including when judgment is entered,
Lujan v.
Defenders of Wildlife,
504 U.S.
555, 561 (1992), and must do so “separately for each form of
relief sought,”
Friends of the Earth, Inc. v.
Laidlaw
Environmental Services (TOC), Inc.,
528
U.S. 167, 185 (2000). As soon as a plea for compensatory
damages fails at the factfinding stage of litigation, that plea can
no longer support jurisdiction for a favorable judgment. The
dissent’s contrary assertion is unaccompanied by any citation.
Likewise, any analogy to attorney’s fees and
costs fails. A request for attorney’s fees or costs cannot
establish standing because those awards are merely a “byproduct” of
a suit that already succeeded, not a form of redressability.
Steel Co., 523 U. S., at 107; see also
Lewis v.
Continental Bank Corp.,
494 U.S.
472, 480 (1990). In contrast, nominal damages are redress, not
a byproduct.
III
Because nominal damages were available at
common law in analogous circumstances, we conclude that a request
for nominal damages satisfies the redressability element of
standing where a plaintiff’s claim is based on a completed
violation of a legal right.
The dissent worries that after today the
Judiciary will be required to weigh in on legal questions “whenever
a plaintiff asks for a dollar.”
Post, at 9. But petitioners
still would have satisfied redressability if instead of one dollar
in nominal damages they sought one dollar in compensation for a
wasted bus fare to travel to the free speech zone. The dissent
“would place a higher value on Article III” than a dollar.
Post, at 1; but see
Sprint Communications Co. v.
APCC Services, Inc.,
554 U.S.
269, 305 (2008) (Roberts, C. J., dissenting) (“Article III
is worth a dollar”). But Congress abolished the statutory
amount-in-controversy requirement for federal-question jurisdiction
in 1980. Federal Question Jurisdictional Amendments Act, 94Stat.
2369. And we have never held that one applies as a matter of
constitutional law.
This is not to say that a request for nominal
damages guarantees entry to court. Our holding concerns only
redressability. It remains for the plaintiff to establish the other
elements of standing (such as a particularized injury); plead a
cognizable cause of action,
Planck v.
Anderson, 5
T. R. 37, 41, 101 Eng. Rep. 21, 23 (K. B. 1792) (“if no
[actual] damage be sustained, the creditor has no cause of action”
for some claims); and meet all other relevant requirements. We hold
only that, for the purpose of Article III standing, nominal damages
provide the necessary redress for a completed violation of a legal
right.
Applying this principle here is straightforward.
For purposes of this appeal, it is undisputed that Uzuegbunam
experienced a completed violation of his constitutional rights when
respondents enforced their speech policies against him. Because
“every violation [of a right] imports damage,”
Webb, 29
F. Cas., at 509, nominal damages can redress Uzuegbunam’s
injury even if he cannot or chooses not to quantify that harm in
economic terms.[
1]*
The judgment of the Court of Appeals is
reversed, and the case is remanded for further proceedings
consistent with this opinion.
It is so ordered.
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