Supreme Court, Nominal Damages, & You: What is a Dollar Lawsuit and When to Use Them
What is a Nominal Court Case and Why Suing for a Single Dollar Might Be Beneficial
Pictured: A dollar bill to represent a nominal court case
Most court cases get resolved at federal level, meaning a majority of cases don’t make it to the Supreme Court. The ones that do are typically ones that question the U.S. Constitution or show violation of one of the Amendments. This would be a case from someone that claims an action, policy, or proposed law violated the First Amendment and Freedom of Speech. Policies written to regulate the First Amendment, especially in public spaces such as parks and universities, are often written in a vague sense that creates an umbrella over what is considered to be a violation.
For example, Georgia Gwinnett College student Chike Uzuegbunam sued the college for a dollar because he felt his First Amendment right to Freedom of Speech was being unfairly monitored. Most colleges have designated areas for students to express their opinions about political topics and to hold peaceful protests. There are regulated areas for this in order to maintain order on campus and to regulate possible distraction from study. In these areas any topic or protest is typically allowed as long as there is no violence and no violation of school, state, or nationwide laws.
Georgia Gwinnett College has a restriction on their public speech area so that students can only use it for four hours Monday-Thursday and two hours on Fridays with a 30 minute time slot each. Students also have to formally book this area and can only do so every 30 days. Uzuegbunam went through the necessary steps and requirements to book time to talk about his evangelical Christian faith which is a topic of discussion allowed in these areas. Several students complained and Uzuegbunam was told he was in violation and that he could only have one-on-one conversations and discuss literature. He was also told he was using “fighting words” by talking about his faith.
Fighting words is a doctrine in the First Amendment that restricts the public use of offensive language. Due to this claim and the supposed policy under violation, Uzuegbunam sued the college for a dollar claiming they were violating his First Amendment right. The college defended the claim by arguing that the discussion of faith was violating the “fighting words” doctrine.
The court supported Uzuegbunam’s claim because the college quickly abandoned their claim that “ the plaintiff used contentious religious language that, when directed to a crowd, has a tendency to incite hostility.” They changed the policy so that students can speak anywhere on campus, which they said made the case moot or insignificant. This action by the college caused them to lose the case because the amended policy was not in place at the time of Uzuegbunam’s speech.
In this case, and others of similar origin, are acceptable nominal damage cases because they are related directly to a violation of or concern about the U.S Constitution.
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Questions:
1. Why might someone want to sue a person or organization for a dollar if they could sue for more?
2. What are some other known or possible nominal damage court cases? Explain the case.
3. What would a nominal damage case be like in a Nevada court? How would it differ from another state or the Supreme Court?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
An Autism Behavioral Center Was Tagged With the R Word in Canada
Pictured: The wall of the Autism Behavioral Services Inc. that was tagged with the graffiti partially covered up
All over the world, in different types of cities and good and bad areas of town you can find a building, street sign, underground tunnel, etc. with graffiti on it. Sometimes the graffiti is actual art, a piece that someone put effort into creating using spray paint. The thing that makes it graffiti is it is usually done on a private building or city property without permission. Cities all over the world have buildings with murals that look like some graffiti that can be found. The other type of graffiti, and the more common type among young people is tagging. This is going to a building and writing a nickname or word on the wall. What most teenagers don’t realize is that graffiti, tagging or thought-out art, is illegal.
In Fergus, Ontario, Canada Freya Hunter runs Autism Behavioral Services Inc. which is a behavioral facility where she helps parents and children under the age of 18 learn about their specific type of autism and how to grow, learn, and handle their condition . Late at night between March 23 and 24, 2021 someone wrote the R-word on the side of the building. Hunter and the families of the children she helps were very upset and hurt by this.
The R-word lands in the same category as other slang words such as the N-word. It is sometimes said as a joke or in a non offensive way but to people who have autism it is very offensive. Hunter said she wasn’t sure if the graffiti was meant to be harmful but that it was the only building out of several that were tagged that night that had the word so it felt like a personal attack.
The Autism Behavioral Services building did not have security cameras installed at the time so there is no way of knowing who did it. Hunter hopes that one of the other buildings that got tagged had security so that the person can be found and identified. She said she wouldn’t press charges but that she would like to give them community service hours by having them spend the day with her kids so that they can be properly educated on autism.
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Questions:
1. This specific graffiti example happened in Canada. What laws would be broken if it happened in America? Nevada?
2. If the offender is found and they are under the age of 18 what consequences might they face? Do those consequences change if they are a legal adult?
3. This person tagged many other cars and buildings besides Hunter’s. She stated she would not press charges but would work with them for community hours. What would happen if one or more of the other people whose property was damaged pressed charges?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
A Night of Underaged Drinking isn’t Worth Going to Jail
Pictured: 18 year old Blaklee Sands, who took the idea of ‘fake it till you make it’ too far…
Kids have the tendency to want to grow up quickly. They want to be able to make their own rules and do things that adults get to do like drinking alcohol. Sometimes when they get to be 18 and are considered a legal adult they try to get away with drinking publicly. The issue is you need proof of being 21 so a fake ID sounds like a good idea right? Wrong. Having a fake ID can cause more legal issues than fun if caught.
Take 18 year old Blakelee Sands for example: She went to a bar in Edmond, Oklahoma and her fake ID was taken because the person checking IDs was able to tell it was fake. Having gotten so mad that the bar didn’t just deny her but took the fake ID from her, Blakelee called the police on the bar!
When the police arrived, she claimed that she was at least 21 years old (the legal drinking age) and that the bar was holding her ID wrongfully. She then asked the police to get it back to her. The police officer that showed up ran her ID. While the information printed on the ID claimed her name was McKamie Queen, upon scanning it the officer received information saying the ID was a Texas identification card… belonging to a Robert Sanchez.
Sands was arrested for presenting a fake ID to an officer, and later admitted that she didn’t think she’d get caught. In the end, her failed attempt at a night of fun could have been just that…but because of a few additional decisions, it turned into a night in jail!
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Questions:
1. If this happened in Nevada, what would the minimum and maximum punishments be for Blaklee?
2. Why do you think the bar didn’t call the police when they first realized it was a fake ID?
3. What federal charges could Blaklee have faced, and why?
4. How much of a difference – if any – was there in the consequences Blaklee faces since she was 18 years old instead of 17 when the incident occured?
A Man Gets Arrested After Calling the Police For a Ride
Pictured: 22-year-old Matthew Leatham’s mugshot
There might be a time in your life when you’re in desperate need of a ride. Maybe your car broke down or you missed the bus. It’s important to know who to call for a ride so that you can get to where you need to go safely. Calling the police for an escort might sound like a good idea at the time, but it’s not and here’s why.
A 22 year old man in Florida, Matthew Leatham, found himself without a ride on February 3, 2021. Instead of calling a friend, family member, or looking for the closest bus stop he decided to call 911 and ask them to pick him up. When he called dispatch helped him call for a taxi. A few minutes later he called 911 again asking for a ride because he didn’t have money to pay for the taxi ride.
After the second call the police showed up to his location and instead of giving him a ride home they gave him a ride to jail. Leathman was initially arrested for misuse of the 911 system. During his arrest he was given a typical pat down and search during which the police officer found marijuana on his person.
Leatham was released on a $300 bond and it is unknown if he has to return to jail or if he is awaiting trial.
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Questions:
1. What would have happened to Leathman after his arrest if the police did not find marijuana on his person? What would the consequences be if this happened in Nevada?
2. The amount of marijuana Leathman had is unknown. What would the consequences be if he had 20 grams or less on his person? If he had 20 grams or more?
3. This case happened in Florida where only medical marijuana is legal. How would the arrest be different if it happened in Nevada where the use of marijuana is legal for anyone 18 and older?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
Pictured: Dancing robots programmed by Boston Dynamics
In late 2020, Robotics lab Boston Dynamics released a video that was both super adorable…and absolutely terrifying. In the video robots, programmed to have artificial intelligence, are dancing.
These features seem fun, but let’s think-this-out for the future. These dancing robots with artificial intelligence are originally programmed to dance but they can learn other skills beyond what was originally taught to them. Some robots have been made to do more than walk and talk like drive cars and make their own decisions. They call this artificial intelligence. A robot is programmed with basic actions, thoughts, and knowledge, then, just like any human, can learn and develop thoughts on their own.
The tricky part with robots is knowing who is responsible when a crime is committed. If it does something wrong, even something minor, like walking across the street where there isn’t a crosswalk, who is responsible for its actions? Or if it decides to rob a bank?
Some say that the designer is responsible because they are responsible for the basic thought process of the robot, based on how the designer thinks. Others think the robot is solely responsible because they are designed to think on their own and build knowledge off of experiences.
Robots have come a long way from being walking toys. It can be difficult to know how to treat a robot in a criminal case if it has never happened before. The more advanced the technology gets the more difficult it is to know who is responsible for the robots actions.
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Questions:
1. Who should be held accountable for a robot’s actions, the robot or the designer? Why?
2. If a driverless Tesla causes a car crash who is responsible? The designer of the driverless technology or the robot driving the car?
3. Do you think a computer programmed robot has the ability to become as fully functioning as humans? Why or why not?
4. If a crime is caused by an artificial intelligent robot in Nevada what might be the consequences? Does the severity of the crime matter?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
200 Kids Get In Fights After Denied Entry at Meadows Mall in Las Vegas
Pictured: A screenshot from the news broadcast of the event at Meadows Mall
In January 2021, during the middle of a pandemic where social distancing is required and crowds are discouraged, 150-200 juveniles were seen fighting outside of a business at Meadows Mall in Las Vegas. It appeared that they were waiting to go bowling when they were denied entry.
Now, it isn’t clear why they were denied entry. It could have been because of temporary occupancy laws or because of business hours. Either way the teens didn’t like being told no and became mad enough to start throwing punches. Fights broke out among the large groups and it is unclear if the fights included employees of the business.
Police were called to break up the fights and escort the teens off the property. They ended up citing or arresting several people for fighting or obstructing. Due to the disruption several businesses at the mall had to close early.
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Questions:
1. What are some other reasons these teens were denied entry?
2. Why were some kids arrested but not all 200?
3. Besides fighting, what are some other laws that could have been broken? Why?
4. How is this event happening at a mall in Las Vegas affect the outcome and the consequences?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
A DC Resident Dies After Getting Struck in the Head By an At Home Firework
Pictured: An infographic from the DC County fire department showing how many firework accidents end in burns
Two holidays a year have the tradition of setting off fireworks, New Years and the Fourth of July. For both holidays people can gather around certain areas of the city or town to watch a controlled, colorful display of fireworks. These events are armed with firefighters in case something happens that causes a fire to start. It is very common for ash or a spark to set a fire which is why these displays are left to the professionals. Around these times, Fourth of July especially, people buy sparklers and bottle rockets to celebrate in their own yards. Some states sell fireworks legally but in most states it is illegal to buy and set off fireworks. Each year, there are many injuries and deaths caused by people setting off illegal fireworks.
On July 4, 2020 a man in DC was rushed to the hospital with severe injuries caused by fireworks that he was setting off at home. Doctors tried their hardest to save this man’s life but ultimately he had suffered a severe injury to the head and died a few days later. His death was ruled an accident.
The Metropolitan Police Chief Peter Newsham stated that 57% of injuries from illegal fireworks are burns. In Dc on July 4th, 2019 there were nine serious incidents reported involving multiple children and in 2020 an 11-year-old girl was rushed to the hospital with second degree burns on her shoulders and neck.
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Questions:
1. What is Nevada’s policy on buying and selling fireworks?
2. What type of things happen legally when someone is injured due to illegal fireworks? Does that change if the person injured is a child?
3. Say your family has a party on the Fourth of July with several families with kids and your dad buys fireworks to set off. What would happen legally if a child that is not related to you gets injured by the fireworks?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
Pictured: A BB Gun and box of BB-pellets. People have treated these as toys for years, but they can be used to kill.
BB guns are a type of rifle that are treated as toys since they only use air to shoot small metal balls, rather than relying on the explosive force that gives bullets their fatal speeds.
An unfortunate incident involving a BB gun in Tampa, Florida led to a 17 year old dying after he was shot in the eye with one. Although the majority of accidents involving BB guns are the result of the gun handlers failing to use eye protection, that wasn’t the case here. The young man died as a result of his family-friend in the back seat – who was 8 years old – accidentally causing the gun to go off.
The two had been riding in the car with the 17-year-old friend-of-the-family in the front seat, and the adult driver’s children (including the 8 year old) riding in the back. The incident began as the adult driver pulled up to an ATM and exited the car, leaving the minors unsupervised.
The youngest in the back seat, the 8-year-old was attempting to move the BB gun not knowing that it was loaded. When the child moved the gun, it fired off a BB striking the 17-year-old front-passenger in the eye.
BB guns are widely seen as toys. In reality, they are capable of major damage to property and (as is the case here) to lives. The companies that manufacture these devices often recommend the use of eye protection and to keep them out of the reach of young children. Keeping a BB gun in the back seat of a car and accessible to unsupervised minors is a scenario that is not recommended.
The 8-year old who caused the gun to go off didn’t mean for it to do that. Reports say the child explained they had been moving it out of the way so that they wouldn’t step on it and cause it to break when the incident occurred.
Regardless of the circumstance, there is a 17-year-old boy who lost his life because of an oversight of the adult in the car keeping a BB gun in their back seat.
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Questions:
1: Why should someone be charged – or why shouldn’t they be charged – in the death of the 17 year old in this case? Who is really to blame if anyone: the 8 year old, the adult driver who had left the BB gun in the back seat to begin with, or no one? Explain your answer.
2: If the adult driver had left a real firearm in the back seat, what would change about the case – how might it be handled differently?
3: In the state of Nevada, what are some of the minimum and maximum consequences would the adult face for leaving a minor in the back seat with a loaded firearm accessible?
4: If the boy had been an adult themselves and shot a minor, what are the maximum and minimum charges they could face, if any?
A Man In Texas Pushes Ranger Off a Dock After Being Asked To Socially Distance
Pictured: 25-year-old Brandon Hicks pushing park ranger Cassidy Stillwell off of a dock
Park rangers are just as important to maintaining a crime free society as police officers and should be treated with the same amount of respect. Often around lakes, national parks, and state parks park rangers are found to not only protect wildlife but to also enforce laws. In Austin, Texas at Commons Ford Ranch Metro Park during the summer of 2020 a 25 year old man, Brandon Hicks, pushed a park ranger Cassidy Stillwell, into Lake Austin.
Stillwell approached a group of young adults that appeared to be “unlawfully drinking and smoking” as well as not practicing 6-feet social distancing. He asked them to disperse and several members of the group apologized and said they would be more mindful. Hicks, on the other hand, proceeded to push Stillwell into the lake. It is unclear if he was a part of this group or simply a bystander that reacted poorly. Hicks was pulled into the water by Stillwell. He scrambled out and ran off, later to be arrested.
Hicks later stated to be “embarrassed by his actions and has the utmost respect for law enforcement.” He was charged with attempted assault on a public servant which is a state jail felony. If found guilty, he could face up to two years in state jail.
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Questions:
1. Were Hicks actions reasonable? Why or why not?
2. What other laws did Hicks possibly break? What about Nevada’s laws? Explain
3. What other charges could he have been charged with if this happened in Nevada?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
A Florida Man Arresting for Trespassing on Disney Property
Pictured: 42-year-old Richard McGuire, the man who was caught trespassing on Disney property
The last year has been both crazy and relatively boring. The entire world was in lockdown for various amounts of time causing millions of Americans to stay at home. Everyone began to become restless, wanting nothing more than to get out of the house four a couple of days.
One man in particular, 42 year old Richard McGuire, decided to do just that by going on a week-long camping trip. This seems harmless right? He would be socially distanced, not breaking any Covid-19 related laws. What this man claims to have not realized was that he was breaking other laws. You see, in America camping is perfectly acceptable, but only in designated areas. This man went looking for a place to camp and found his way to what he claimed to be a “tropical island”. The island he was referring to was Walt Disney World’s Discovery Island.
Just like most all other non-essential businesses in America, the Happiest Place on Earth had to shut down during the pandemic, still remaining closed. Anyone that steps foot on Disney property while the park is closed is trespassing. Since Disney is such a large and popular company they are well prepared for catching anyone that is there outside of business hours. This man walked onto the island on Monday, ready for a week of camping, and was found by security on Thursday.
Security knew when made his way onto the island, but because of the nature and dense plant life they had trouble tracking him down. They had search parties on foot, boat and helicopter, all of which the man claimed he never heard. Once he was found he said he didn’t know it was Disney property but simply a “tropical paradise”. The issue was that in order to get to the island he had to pass two gates and several no trespassing signs. He was also warned by Orange County Marine deputies that he was not allowed on the island.
Once found, the man was arrested and charged with a misdemeanor of trespassing. He also lost all Disney privileges and is not allowed on any Disney property.
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Questions:
1. Do you think it was possible for the man to not know he was on a Disney island? Why or why not?
2. What else could the man be charged for? Explain your answer.
3. Is revoking all Disney privileges necessary? Why or why not?
4. What would be the consequences for trespassing if Disney World was in Nevada?
Be sure to provide full explanations for your answers. For more details, you can read the article this piece was sourced from here:
Thank you for letting us watch the civil case! It was cool because it was a real case and not one played out. I had a lot of fun watching the other kids act out a session. Thank you for your time.
- Kaylie [Hewetson Elementary - Grade 5]
Project Real
2020-12-11T20:39:35+00:00
Thank you for letting us watch the civil case! It was cool because it was a real case and not one played out. I had a lot of fun watching the other kids act out a session. Thank you for your time. - Kaylie [Hewetson Elementary - Grade 5]
Thank you for letting us experience court for the first time. It was the best experience ever, thank you for everything. You really made me think about being a judge. Thank you
-Mina L [ Twitchell Elementary - Grade 5]
Project Real
2020-12-16T22:04:09+00:00
Thank you for letting us experience court for the first time. It was the best experience ever, thank you for everything. You really made me think about being a judge. Thank you -Mina L [ Twitchell Elementary - Grade 5]
My favorite part of the fieldtrip to the courthouse is when I got to play the part of Ron. I got to go on the witness chair and speaking. I helped Potter to be not guilty. Thank you for the great opportunity.
- Johnathan M [Harmon Elementary - Grade 4]
Project Real
2020-12-16T21:47:04+00:00
My favorite part of the fieldtrip to the courthouse is when I got to play the part of Ron. I got to go on the witness chair and speaking. I helped Potter to be not guilty. Thank you for the great opportunity. - Johnathan M [Harmon Elementary - Grade 4]
