of trial." (Eskin Cert. ¶ 5.) However, the certification from Mr. Ferrante is dated some two weeks after the April 26 letter was sent, and is expressly predicated on the withdrawal of plaintiffs' damages claims. The records of this Court indicate that the motion to which Mr. Eskin refers was in fact made on May 11, 2000. 3 . In cases brought under 42 U.S.C. § 1983, "a litigant is entitled to an award of nominal damages upon proof of a violation of a substantive constitutional right even in the absence of actual compensable injury.” Amato v. City of Saratoga Springs, N.Y., 170 F.3d 311, 317 (2d Cir.1999). However, plaintiffs may not recover punitive damages from the County of Westchester. See City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 101 S.Ct. 2748, 69 L.Ed.2d 616 (1981)
holding that punitive damages are not recoverable against municipalities under  1988 holding that punitive damages are not recoverable against municipalities in actions brought pursuant to 42 usc  1983 holding that in employment discrimination cases falling under 42 usc  1983 municipalities are not subject to punitive damages for the actions of government officials holding that a municipality is immune from punitive damages under 42 usc  1983 holding that municipalities are immune from liability for punitive damages under 42 usc  1983 in part because a municipality  can have no malice independent of the malice of its officials damages awarded for punitive purposes therefore are not sensibly assessed against the governmental entity itself