Civil Rights – Plaintiffs awarded damages for civil rights’ violations

Where the court previously found that four defaulting defendants violated the civil rights of the plaintiffs when they defaced an Arthur Ashe mural in Richmond, the plaintiffs were awarded compensatory damages for their emotional distress, punitive damages and declaratory relief.

Background

This matter comes before the court on plaintiffs’ supplemental brief seeking damages, declaratory relief and injunctive relief against defaulting defendants Patriot Front, Thomas Rousseau, Jacob Brown and William Ring, for their role in the October 2021 vandalism of the Arthur Ashe mural in Richmond.

Compensatory damages

Plaintiffs proceeding under 42 U.S.C. §§ 1985(3) and 1986, as well as Virginia Code § 8.01-42.1, may seek compensatory damages for emotional distress caused by the defendants’ actions. As the court determined in its opinion entering default judgments, the defaulting defendants engaged in a conspiracy to deprive plaintiffs of their civil rights in violation of § 1985(3).

Plaintiffs’ affidavits sufficiently articulate that they suffered cognizable injuries through the emotional distress they experienced as a result of the defaulting defendants’ involvement in that conspiracy. Moreover, plaintiffs’ damages do not “rely on conclusory statements that the[y] . . . suffered emotional distress or the mere fact that the[y] [were] wronged.”

The court concludes that an award of $5,000 in compensatory damages to each plaintiff is sufficient to compensate plaintiffs for their emotional injuries resulting from the defaulting defendants’ violation of § 1985(3). This award of damages is well within the range of emotional distress damages awards within this district and the Fourth Circuit.

For the same reasons, plaintiffs have established their entitlement to compensatory damages for defaulting defendants’ violations of § 1986. The defaulting defendants had the power to prevent or aid in preventing the commission of acts pursuant to their conspiracy, but they neglected or refused to act to prevent that conspiracy.

Plaintiffs’ affidavits again establish with sufficient particularity and without reference to merely conclusory statements that they suffered cognizable injuries through the emotional distress they experienced as a result of the defaulting defendants’ failure to act to prevent their conspiracy. The court concludes that an award of $5,000 in compensatory damages to each plaintiff is sufficient to compensate plaintiffs for their emotional injuries resulting from the defaulting defendants’ violation of § 1986 and is again in line with comparable awards in this district.

Finally, an award of $5,000 in compensatory damages to each plaintiff is sufficient to compensate plaintiffs for their emotional injuries resulting from Patriot Front’s violation of Va. Code § 8.01-42.1 and is in line with comparable awards in this district.

Punitive damages

Both plaintiffs have demonstrated their entitlement to punitive damages based on Patriot Front, Brown and Ring’s involvement in the conspiracy to vandalize the Arthur Ashe mural. The court will award each plaintiff $7,500 in punitive damages for the defaulting defendants’ violations of § 1985(3).

First, the record supports a finding that Patriot Front, Brown and Ring engaged in conduct involving “reckless or callous indifference to the federally protected rights of others, as well as for conduct motivated by evil intent.” Second, an award of punitive damages readily satisfies the reprehensibility “guidepost” announced by the Supreme Court in reviewing punitive damages awards.

Third, an award of $7,500 in punitive damages satisfies the compensatory-punitive ratio “guidepost” announced by the Supreme Court in reviewing punitive damages awards. Fourth, an award of $7,500 in punitive damages satisfies the comparative “guidepost” considered by the Supreme Court in reviewing punitive damages awards.

For the same reasons, the court will award plaintiffs $7,500 in punitive damages for Patriot Front, Rousseau, Brown and Ring’s violation of § 1986, and will award plaintiffs $7,500 in punitive damages for Patriot Front’s violation of Va. Code § 8.01-42.1.

Declaratory relief

The court grants  a declaratory judgment that the defaulting defendants’ “participation in the vandalism of the Arthur Ashe mural violated Plaintiffs’ rights under Sections 1985 and 1986 and Virginia Code [§] 8.01-42.1.” A declaratory judgment in plaintiffs’ favor will serve a useful purpose in clarifying and settling the legal relations between plaintiffs and the defaulting defendants, will terminate and afford relief from the controversy giving rise to this proceeding and is not being sought as a procedural maneuver to sidestep procedural obstacles such as res judicata.

Injunctive relief

Plaintiffs seek a permanent injunction “enjoining Defendants and their agents from coming within 150 yards of Battery Park without prior permission of the Court.” The court denies this request. Plaintiffs provide no argument with respect to whether enjoining the defaulting defendants from accessing such a public space would violate their rights under the First Amendment to the United States Constitution, or indeed any other constitutional rights.

Plaintiffs’ supplemental brief regarding damages, declaratory relief and injunctive relief granted in part, denied in part.

Sealed Plaintiff 1 v. Patriot Front, Case No. 3:22-cv-670, March 31, 2026. EDVA at Richmond (Lauck). VLW 026-3-163. 27 pp.

Full-Text Opinion

VLW 026-3-163
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