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The Wexler Decision
IX. DAMAGES
One final matter need be addressed. In their complaint, the Levys state
that they seek, in addition to a declaration of their entitlement to a
religious exemption under § 2164(9) and the unconstitutionality of
restricting § 2164(9)'s exemption to "bona fide members of a
recognized religious organization," an award of four million dollars
as damages, together with the costs and disbursements of their action and
attorneys fees pursuant to 42 U.S.C. § 1988. The proceedings held before
the Court and the papers the parties have submitted have focused entirely
on plaintiffs' claims for non-monetary relief and the legal issues
surrounding that aspect of the litigation. The Court, therefore, does not
deem it appropriate that it attempt to rule upon plaintiffs' request for
monetary compensation at this time. Plaintiff shall notify the Court as to
whether they wish to pursue their damages, costs, and fees claims by no
later than Friday, November 6, 1987. The Court will then, if necessary,
establish a timetable for any discovery, hearings, and filing of papers
that may be required. 10/
10/ The Court assumes that the parties are familiar
with the Supreme Court's decision in Memphis Community School District
v. Stachura, 477 U.S. 299, 106 S.Ct. 2537 (1986), and have considered
any possible relevance to this litigation of the Supreme Court's holding
in that case regarding the availability of damages based on the abstract
value or importance of constitutional rights.
X. SUMMARY - Wexler Decision
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