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Jury awards $25 million in Charlottesville "Unite the Right" rally civil case - CBS News

A federal jury returned a partial verdict in a civil case about whether the white nationalist organizers of the "Unite the Right" rally in Charlottesville four years ago conspired to commit racially motivated violence that left one person dead and scores injured. It was not able to reach a decision on whether the defendants had, under an obscure federal statute, conspired to commit racially motivated violence. But it did conclude that all of the defendants had committed conspiracy under Virginia laws and awarded plaintiffs a total of about $25 million in punitive and compensatory damages.

In total, 14 individuals and 10 organizations were defendants in the case, including notorious leaders of long-established hate groups. Among the defendants were Charlottesville resident and lead organizer Jason Kessler, white nationalist leader Richard Spencer and neo-Nazi podcast personality Christopher Cantwell, who both represented themselves in court. Kessler, Spencer and Cantwell each must pay $750,000 in damages. James Alex Fields, Jr., who plowed through a crowd of counter-protesters, killing Heather Heyer and injuring dozens, has the highest damages to pay: $12.5 million. 

The jury sent a note to the court saying that it had deadlocked on the first two claims — the reliance of the case on the "KKK Act," an 1871 statute designed to protect African Americans from the Ku Klux Klan and other hate groups — and whether the defendants conspired to commit racially motivated violence.

According to the note from the jury. "We have unanimously decided on claims 3,4,5,6. After reviewing final jury instructions and decided claims 1 and 2 at length, we are deadlocked. We do not believe this will change." 

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Clerk reads partial verdict in "Unite the Right" civil case, Charlottesville, VA, Nov. 23, 2021. Sketch by William Hennessy Jr.

Attorney for the plaintiffs Karen Dunn celebrated the damages awarded by the verdict soon after it was announced, telling reporters, "We feel that justice was served today. There's going to be accountability for the people who did this." 

Roberta Kaplan, also representing the plaintiffs, said, "I think the verdict today is a message that this country does not tolerate violence based on racial and religious hatred."

The two announced they would re-try counts 1 and 2 — and again to find defendants conspired to commit racially motivated violence under federal law. "I think the jurors were anxious to get home," Kaplan said, alluding to the Thanksgiving holiday Thursday. "I think a different jury with more time is going to be convinced that not only was there conspiracy under state law, but that there was conspiracy under federal law." 

James Kolenich, a lawyer for two of the defendants, said, "I think we did a decent job on the defense side on cutting the damages down to size, even if it is many millions of dollars."

"I don't know how they will collect the money," said Joshua Smith, who represents three defendants. "The defendants here are destitute." He said he wasn't surprised by the partial verdict, adding that he considered it a "victory." 

"I think it's a huge defeat for the plaintiffs," Smith said. "It's an embarrassment." Smith also said based upon the Virginia state cap of damages, the defendants' attorneys put the court on notice that they would file a motion to reduce damages.   

The case centered on leaders of the "alt-right" rally in August 2017, that featured mobs chanting "Jews will not replace us," while encircling counter-protesters on the University of Virginia campus, wielding and in some cases throwing burning tiki torches as they marched. 

Nine plaintiffs — made up of current and former Charlottesville residents — were seeking to prove that their constitutional rights were violated when the defendants entered into a conspiracy of racially motivated violence, and they were asking for compensatory and punitive damages for physical and emotional injuries.

The jury, which was made up of four women and seven men, deliberated for three days and heard from 36 witnesses over nearly four weeks of testimony.

This is a developing story and will be updated.

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