Lawton v. Nightingale

MEMORANDUM AND ORDER

DON J. YOUNG, District Judge:

This is a civil rights action, brought under the provisions of Title 42 U.S.C. § 1983. In its present posture, the only issue remaining to be considered is the right of the plaintiff to recover damages. The defendants timely filed a demand for jury trial of this issue. This Court, sua sponte, issued an order to the defendants to show cause why their demand for a jury trial should not be stricken.

The defendants have responded to this order by claiming that under the Seventh Amendment to the Constitution all actions for damages, even those…