NYVIC (New Yorkers for Vaccination Information and Choice)

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The Wexler Decision

IX. DAMAGES

One final matter need be addressed. In their complaint, the Levys state that they seek, in addition to a declaration of their entitlement to a religious exemption under 2164(9) and the unconstitutionality of restricting 2164(9)'s exemption to "bona fide members of a recognized religious organization," an award of four million dollars as damages, together with the costs and disbursements of their action and attorneys fees pursuant to 42 U.S.C. 1988. The proceedings held before the Court and the papers the parties have submitted have focused entirely on plaintiffs' claims for non-monetary relief and the legal issues surrounding that aspect of the litigation. The Court, therefore, does not deem it appropriate that it attempt to rule upon plaintiffs' request for monetary compensation at this time. Plaintiff shall notify the Court as to whether they wish to pursue their damages, costs, and fees claims by no later than Friday, November 6, 1987. The Court will then, if necessary, establish a timetable for any discovery, hearings, and filing of papers that may be required.10/


10/ The Court assumes that the parties are familiar with the Supreme Court's decision in Memphis Community School District v. Stachura, 477 U.S. 299, 106 S.Ct. 2537 (1986), and have considered any possible relevance to this litigation of the Supreme Court's holding in that case regarding the availability of damages based on the abstract value or importance of constitutional rights.

X. SUMMARY - Wexler Decision

The Wexler Decision - Menu
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