Also known as: alternative reliefs · alternative remedy · alternative remedies
Written by attorneys · grounded in primary & secondary sources — see below
Judicial relief that is mutually exclusive with another form of judicial relief. A party may request such relief in the alternative in pleadings by seeking remedies such as specific performance together with damages that specific performance would avert.
Audrey Ashton moves to suppress evidence seized during a search of her home after officers failed to knock and announce. The government argues that even if the knock-and-announce rule was violated, suppression is unavailable and Audrey should pursue civil damages or internal discipline instead. The court denies the suppression motion and notes that Audrey may seek alternative relief through a civil action.
Arthur Abrams sues his neighbor for pesticide drift that threatens his organic farm. He requests an injunction limiting spraying and, in the alternative, damages for lost crops and certification risks. The court evaluates the injunction by comparing its probable effects with the effects of repeated damage awards.
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Aaron Adams faces a deportation order after a legislative veto. He seeks judicial cancellation of the order and notes that marriage to a citizen may open statutory avenues for relief. The court observes that alternative statutory relief could moot the constitutional claim if pursued successfully.
Abigail Alvarez sues state officials over conditions at a residential facility. She requests injunctive changes to programming and, alternatively, damages for past harms. The court must decide whether Eleventh Amendment limits bar the damages claim while allowing prospective injunctive relief.
Atlas Ventures challenges a city contract award under an affirmative-action program. It seeks invalidation of the award and, in the alternative, an order requiring rebidding under neutral criteria. The court weighs whether the requested relief would redress the claimed injury.
Ashford Manufacturing adopts defensive measures against a hostile bid by Avalon Pharmaceuticals. Avalon seeks to enjoin the measures and, alternatively, damages for breach of fiduciary duty. The court assesses whether the injunction or damages would better address the alleged harm.
Yes. A party may plead alternative relief by requesting specific performance together with damages that specific performance would avert. Federal Rule of Civil Procedure 8(a) expressly permits this form of pleading.
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The court compares the probable consequences of granting the injunction with the probable consequences of relying on alternative remedies such as damages. No prior exhaustion of legal remedies is required.
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A plaintiff may still have standing if the requested judicial relief would redress the injury even when other statutory avenues exist. The court may decline to reach the constitutional question if alternative relief would fully resolve the dispute.
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…of long ago at the local level, it takes the place that might well have been given to some other case in which there was no alternative remedy. (1) The single-family zoning ordinances of the city of East Cleveland define the term "family" to include only the head of the household and his or her most intimate relatives,…