663. The parties stipulated that Westcott incurred funeral expenses of $8,262.64. Id. at 662. Before deliberating, the jury was instructed that “if you find for the plaintiff, but find that the loss resulting from [decedent’s] death has no monetary value, then you must return a verdict for the plaintiff in the nominal amount of One Dollar ($1.00).” Id. at 661 n. 4. The jury found for Westcott and awarded $1.00 in nominal damages. Id. at 660. On appeal, we held that instructing the jury on nominal damages was reversible error because there was no dispute that Westcott’s husband was fatally injured and the parties stipulated to the funeral expenses. Id. at 662. In contrast to Westcott, Miller’s unlawful entry claim was not supported by proof of actual 00) (unpublished table decision) (<HOLDING>); Alexander v. Riga, 208 F.3d 419, 429 (3d
holding that the right to nominal damages for race discrimination claims can be waived if such damages are not timely requested holding that the first amendment right to free speech is absolute and an award of nominal damages is required even if the defendant fails to object to the nominal damages instruction holding that the right to nominal damages for eighth amendment violations can be waived if such damages are not timely requested holding that plaintiff waived the right to nominal damages in an excessive force case because nominal damages were not requested until after the verdict holding that the right to nominal damages was waived in a breach of duty action when plaintiff failed to raise the issue of nominal damages until after the verdict