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Donald M. Odaka v. George C. Welborn
Citations: 16 F.3d 1225; 1993 WL 533315; 1993 U.S. App. LEXIS 37756Docket: 92-2919
Court: Court of Appeals for the Seventh Circuit; December 21, 1993; Federal Appellate Court
Donald M. Odaka, an Illinois prisoner, filed a 42 U.S.C. § 1983 lawsuit claiming that his First Amendment rights were violated when prison officials intercepted sexually oriented magazines he had ordered. A magistrate judge conducted a bench trial with the parties' consent and found that guard Elaine Lyghtle had indeed violated Odaka's rights, awarding him nominal damages of $1 while dismissing claims against other defendants. Lyghtle did not appeal the decision. On appeal, Odaka asserted entitlement to greater damages and sought to hold additional defendants liable. However, the magistrate judge concluded that Odaka did not demonstrate actual injury, which is necessary for compensatory damages, as established in Memphis Community School District v. Stachura. The court found that punitive damages were also not warranted based on the criteria set forth in Smith v. Wade. As a result, nominal damages of $1 were deemed appropriate. The court noted that the issue of collection from Lyghtle or Warden Welborn was moot since the recovery was limited to $1. Odaka did not indicate any difficulties in collecting from Lyghtle. Additionally, the appeal against Welborn was deemed unnecessary as the magistrate found he had no personal involvement in the incident. Attempts to pursue judgments against Ronald E. Carey and Ron Schlief were also dismissed since they were not named as parties in the original complaint and had not been served. The court affirmed the magistrate's decision, concluding that no oral argument was necessary for the appeal, and it was submitted based on the briefs and record provided.