Photo of Pamela K. Graham

Senior Counsel at Colantuono, Highsmith & Whatley, PC, and member of the firm’s Litigation practice group and Chair of its Public Safety Liability Defense practice group. Her practice covers a wide range, including class action defense, municipal finance and public revenues, employment law, and police and other public agency defense litigation. She is a member of the California Municipal Law Handbook editorial board, and has served as a pro bono advocate in special education and adoption matters for the Alliance for Children’s Rights for over a decade.

Damage claims under 42 U.S.C. § 1983 – and really any personal injury claims — are broken down into two categories: economic and noneconomic damages. Pain and suffering, mental anguish, and loss of consortium are commonly sought in large numbers as noneconomic damages to enhance a plaintiff’s out-of-pocket damages. Prior to 1986, a plaintiff could