Lexis Nexis - Case Brief

Not a Lexis Advance subscriber? Try it out for free.

Law School Case Brief

Kizas v. Webster - 532 F. Supp. 1331 (D.D.C. 1982)

Rule:

Where it may well be impossible to compensate plaintiffs precisely; money damages awarded on the basis of "rough justice' are in order.

Facts:

Plaintiff filed a motion for summary judgment on damages against defendants. The District Court previously granted the plaintiff's motion for summary judgment on liability, holding that defendants' termination of a program whereby clerical employees of the Federal Bureau of Investigation received preferential consideration for jobs as special agents with the FBI was a taking of private property without just compensation, in violation of the Fifth Amendment. The defendant claimed that a reduction in the damages awarded should be made to reflect the possibility that some of the plaintiffs might have been unemployed had the clerk-to-agent program not existed. 

Issue:

Should the court grant the summary judgment on damages?

Answer:

Yes

Conclusion:

The Court concluded that plaintiffs were entitled to recover the amounts claimed for lost wages, as well as any expenses of moving to their jobs at the FBI, less any tax savings enjoyed with respect to moving expenses.

Access the full text case Not a Lexis Advance subscriber? Try it out for free.
Be Sure You're Prepared for Class