This is what a technicality looks like.

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Defendant:  does a thing that violates a civil rights law.

Plaintiff: files suit under said civil rights law.

Court: 

  • Defendant did the thing but you can’t show that it will definitely do the thing again: no standing to ask for an order to make sure Defendant does not do the thing again.
  • Defendant did the thing but then Defendant stopped doing the thing, at least for now, after you sued:  your case is moot.
  • Defendant did the thing but you can’t show that your incarcerated [maybe disabled; maybe illiterate] client filed a Step 1 grievance within 30 days, then filed a Step 2 grievance within five days of receiving the response to the Step 1 grievance, and then filed a Step 3 grievance within five days of receiving the response to the Step 2 grievance:  case dismissed. 
  • Defendant did the thing and your incarcerated [maybe disabled; maybe illiterate] client filed all the grievances and responses on time but one step of the grievance used different language from another step of the grievance: case dismissed.   
  • Defendant did the thing and your incarcerated [maybe disabled; maybe illiterate] client filed all the grievances and responses on time and used all the right language but the grievance was similar to an earlier grievance in which they were unable to follow all the rules and deadlines: case dismissed.   
  • Defendant did the thing but you can’t show that the law against the [obviously illegal] thing was well-established:  Defendant’s minions are immune from suit.
  • Defendant did the thing but you can’t prove that Defendant’s policy required doing the thing: Defendant city/county agency is not liable. 
  • Defendant did the thing but Defendant is the state, so the 11th Amendment, which doesn’t actually say anything about this situation, makes the State immune from suit: no damages.
  • Defendant did the thing but you can’t show that Defendant intended to do the thing:  no damages. 
  • Defendant did the thing but you can’t show physical or financial harm from the thing: no damages.

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