In Smith v Jefferson County Bd. of School Comm'rs, 13-5957,decided yesterday by the Sixth Circuit,, the concurring judge(Judge Batchelder) said flat out that "We do not grant monetary damages for violations of the Establishment Clause." No authority is cited for that proposition ,other than a remark that EC relief is "equitable in nature. " I know that other courts have awarded such damages, although with the exception of one 10th Circuit case, I don't know of any published opinions. Is Judge Batchelder right about this claim? I understand it will often be difficult to prove or quantify such damages, but I don't see a blanket rule against them.
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