12.72 DAMAGES: PUNITIVE (42 U.S.C. CIV. 1983) is a type of damages awarded by a court to punish a defendant for their intentional or reckless behavior. This type of damages is authorized under 42 U.S.C. Civil 1983, which grants the right to seek relief in federal court for a deprivation of constitutional rights. Punitive damages are meant to deter similar conduct in the future by making the defendant pay a significant amount of money as a penalty. Punitive damages are awarded on top of compensatory damages, which are designed to cover any losses suffered by the plaintiff. There are two types of punitive damages: exemplary and punitive damages. Exemplary damages are designed to punish and deter the defendant from similar behavior, while punitive damages are meant to make the defendant pay for their malicious or reckless behavior.
12.72 DAMAGES: PUNITIVE (42 U.S.C. Civ. 1983)
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FAQ
As noted by the appellate court, ?Punitive damages may be awarded under 42 U.S.C. § 1983 when the defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.?
In Smith v. Wade, the Supreme Court held that a § 1983 plaintiff may recover punitive damages against an official in her personal capacity if the official acted with malicious or evil intent or in callous disregard of the plaintiff's federally protected rights.
In Smith v. Wade, the Supreme Court held that a § 1983 plaintiff may recover punitive damages against an official in her personal capacity if the official acted with malicious or evil intent or in callous disregard of the plaintiff's federally protected rights.
Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence. Punitive damages typically involve awards over and above the compensatory damage award.
In a case where you anticipate there will be such evidence, it is likely that the plaintiff will seek bifurcation on the issues of liability, compensatory damages and punitive damages. I cannot imagine any other way this evidence would not have a spillover effect on compensatory damages.
Nominal damages of $1 are awarded when a section 1983 plaintiff who seeks compensatory damages proves that a defendant has violated his or her constitutional rights, but is unable to persuade the fact-finder, typically a jury, that the plaintiff suffered actual damages of any kind, whether physical and financial (?