Also known as: private plaintiff · private litigants
Written by attorneys · grounded in primary & secondary sources — see below
An ordinary civil litigant who is neither a public official nor a public figure.
Priya Prasad, a local accountant, sued a newspaper after it published an article accusing her of falsifying client tax returns. The paper had relied on an unverified tip without contacting her or reviewing public records. Because she remained a private plaintiff, the court permitted recovery of actual damages upon a showing that the publisher acted negligently.
Phoebe Park, a private employer defending a discrimination suit, instructed counsel to use peremptory challenges to remove all female venire members. The trial judge supervised the selection process. The court held that the strikes violated equal protection because private litigants participate in a state function when exercising peremptories.
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Philip Powell, a private investor harmed by misleading corporate disclosures, sued after the SEC had already obtained a judgment against the same defendants. The court allowed Powell to invoke the prior finding of violation because the defendants had a full opportunity to litigate the issue and applying preclusion was fair under the circumstances.
Priscilla Parks, a private defendant in a contract dispute, directed her lawyer to strike all Black prospective jurors during court-supervised voir dire. The judge enforced the strikes. The appellate court reversed, holding that the private party's racially discriminatory use of peremptories constituted state action subject to equal protection limits.
Paula Pierce, an individual consumer, sued a data broker alleging statutory violations that exposed her personal information. The court examined whether the alleged harm qualified as concrete injury sufficient for Article III standing. Because she was a private plaintiff asserting her own rights rather than generalized public grievances, the analysis focused on whether the harm was real and particularized.
Pierre Poulin, a parent of school-age children, challenged a district policy that assigned students by race to achieve integration. The court evaluated whether the policy survived strict scrutiny. As a private plaintiff asserting individual rights, Poulin could press the claim that the classification lacked a compelling justification narrowly tailored to the asserted interest.
A private plaintiff need only prove negligence. Actual malice is not required for compensatory damages, although it remains necessary for presumed or punitive damages.
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Yes, provided the application is fair to the defendant. The prior litigation must have given the defendant a full and fair opportunity to contest the issue, and the circumstances must not render preclusion inequitable.
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Yes. Jury selection is a traditional governmental function performed with significant court participation, so racially or gender-based strikes by private parties violate equal protection.
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No. The plaintiff must still demonstrate a concrete and particularized injury in fact. A bare procedural violation without real harm is insufficient even when Congress created the cause of action.
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…of state concern than public persons with more access to the media to defend themselves. It therefore refuses to condition the private plaintiff's recovery on a showing of intentional or reckless falsehood as required by New York Times . But the Court nevertheless extends the reach of the First Amendment to all defamation actions…