4.8.1, It would be misleading, however, to consider this an element of the claim: infra. plaintiff’s If the plaintiff proves that the defendant, acting under color of state law, violated the plaintiff’s federal right, then the plaintiff is entitled to an award of nominal damages even if the plaintiff cannot prove actual damages. Instruction 4.8.2. See infra If the Section 1983 claim asserts a conspiracy to deprive the plaintiff of civil rights, additional instructions will be necessary. See, e.g., Ridgewood Bd. of Educ. v. N.E. ex rel. M.E., 172 F.3d 238, 254 (3d Cir. order to prevail on a conspiracy claim under § 1983, a 1999) (“In plaintiff must prove that persons acting under color of state law conspired to deprive him of a federally Marchese v. Umstead, protected right.”); 110 F.Supp.2d 361, 371 (E.D. Pa. 2000) (“To state a section 1983 conspiracy claim, a plaintiff must allege: (1) the existence of a conspiracy involving state action; and (2) a depravation [sic] of civil rights in furtherance of the conspiracy by a party to the Avery, Rudovsky & Blum, Instructions 12:31, 12:32, see also conspiracy.”); 12:33, & 12:43 (providing suggested instructions regarding a Section 1983 conspiracy claim).
4.8.1, infra. It would be misleading, however, to consider this an element of the plaintiff’s claim: If the plaintiff proves that the defendant, acting under color of state law, violated the plaintiff’s federal right, then the plaintiff is entitled to an award of nominal damages even if the plaintiff cannot prove actual damages. See infra Instruction 4.8.2. If the Section 1983 claim asserts a conspiracy to deprive the plaintiff of civil rights, additional instructions will be necessary. See, e.g., Ridgewood Bd. of Educ. v. N.E. ex rel. M.E., 172 F.3d 238, 254 (3d Cir. 1999) (“In order to prevail on a conspiracy claim under § 1983, a plaintiff must prove that persons acting under color of state law conspired to deprive him of a federally protected right.”); Marchese v. Umstead, 110 F.Supp.2d 361, 371 (E.D. Pa. 2000) (“To state a section 1983 conspiracy claim, a plaintiff must allege: (1) the existence of a conspiracy involving state action; and (2) a depravation [sic] of civil rights in furtherance of the conspiracy by a party to the conspiracy.”); see also Avery, Rudovsky & Blum, Instructions 12:31, 12:32, 12:33, & 12:43 (providing suggested instructions regarding a Section 1983 conspiracy claim).