AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Damages: Punitive Individual
A man served his
full ten year sentence for rape and residential burglary, after which his
conviction was vacated because of newly available DNA evidence. He sued
a police detective involved in his case, accusing him of fabrication of
evidence. Overturning a trial court's dismissal of the lawsuit, a federal
appeals court found that the claim did not accrue until the plaintiff was
acquitted of all charges, so that the lawsuit was filed in a timely fashion
within the applicable three year statute of limitations and was not time
barred. The appeals court did not address the detective's qualified immunity
defense, as the court below had not reached the issue. Bradford v. Scherschligt,
#14-35651, 803 F.3d 382 (9th Cir. 2015).
A federal court
jury awarded a total of approximately $97.5 million for the police shooting
death of a man who was the former mayor of Cottageville, South Carolina.
Damages awarded included $7.5 million in compensatory damages, as well
as $90 million in punitive damages--$60 million against the town and $30
million against the officer. The officer who shot the decedent had been
hired by the department after being previously fired by a number of other
police departments for insubordination, dangerous use of firearms, and
other alleged infractions. The officer claimed that the shooting was in
self-defense because the decedent threw "wild" punches at him.
His attorney argued that the decedent suffered from a bipolar disorder
and was enraged during the incident. The plaintiffs contended that the
decedent had complained about the officer, who wrote traffic tickets worth
over $600,000 from 2008 to 2011, more than any other officer on the force,
and that the shooting was retaliatory for the decedent's complaints intended
to get rid of the officer because of his aggressive policing. Reeves v.
Town of Cottageville, #2:12-cv-02765, U.S. Dist Ct., (D.S.C. Oct. 15, 2014).
In an earlier decision, the trial judge commented that evidence of the
officer's departure from six other law enforcement agencies in seven years
was "obviously admissible" against him with respect to the claim
that the town and police department negligently hired, retained, and supervised
the officer, and a claim for municipal liability for violation of civil
rights. This evidence, the court ruled, had a bearing on whether the municipal
defendants properly evaluated the officer's credentials befire hiring him.
Reeves v. Town of Cottageville, #2:12-cv-02765, 2014 U.S. Dist. Lexis 120619
(D.S.C.).
A Vietnam veteran suffering from severe post-traumatic
stress disorder was combative and disoriented at a hospital emergency room,
where his family had brought him for treatment of an injury. Two police
officers placed him under arrest under a state mental hygiene law as a
person who appears mentally ill and acts in a way likely to cause serious
harm to himself or others. He and an officer subsequently fought while
he was handcuffed. The arrestee claimed that a beating from the officer
aggravated his existing back pain and post-traumatic stress disorder. The
jury in an excessive force lawsuit awarded $60,000 in compensatory damages
and $300,000 in punitive damages. A federal appeals court upheld the award,
although ruling that either the plaintiff would have to accept a reduction
of punitive damages to $100,000 or undergo a new trial on the punitive
damages issue. The appeals court also found that the trial court had not
abused its discretion by denying the defendant officer's motion for a continuance
after an illness prevented him from attending the first three days of the
five-day trial. Payne v. Jones, #09-5201, 2012 U.S. App. Lexis 20665 (2nd
Cir.).
After a city's mayor complained to
police that her neighbor, a single mother, was allowing her children to
run wild through flower beds in the neighborhood, an officer allegedly
knocked the mother to the ground and dragged her to his vehicle, placing
her inside it. One of her children opened the door of the police car, and
she fled the vehicle. The officer then placed her under arrest for escape.
A federal appeals court upheld a verdict for the mother in her false arrest
lawsuit. Based on the evidence, a reasonable jury could find that the officer
initially arrested her without probable cause to do so, so that she was
justified in fleeing. The court upheld an award of $57,400 in compensatory
damages, but ordered the reduction of a $1 million punitive damages award
to $550,000. Arnold v. Wilder, #08-6124, 2011 U.S. App. Lexis 18928 (6th Cir.),
rehearing, en banc, denied, 2011 U.S. App. Lexis 21896 (6th Cir.). Editor's
note: The appeals court ruled that the trial judge had erred in reducing
the punitive damages award too far, to $229,600, "mechanically applying
a four to one ratio" of punitive to compensatory damages.
The mother of a man shot in the head and
killed by an officer sued the city for wrongful death. A jury awarded damages.
An intermediate appeals court found that the trial judge had properly set
aside $3 million in damages awarded for conscious pain and suffering, as
the man's death was almost instantaneous and there was no evidence of his
consciousness for any period of time following the shooting. The appeals
court upheld, however, jury awards of $55,020 for loss of past economic
support, $261,091 for past and future loss of services, and punitive damages
of $2.7 million, finding them amply supported by the evidence. The appeals
court stated that the trial judge had improperly concluded that the jury
awarded punitive damages in part on a finding that the officer had negligently
handled his weapon. The appeals court found that the jury award of punitive
damages was based on a finding of excessive force, and conduct that was
wanton, reckless or malicious. Ferguson v. City of New York, #2630, 18951/01,
2010 N.Y. App. Div. Lexis 4428 (1st Dept.).
A jury awarded a construction supervisor
a total of $35,000 in compensatory and $350,000 in punitive damages on
a false arrest claim against a mayor and police. The punitive damages award
was ruled to be grossly excessive, and in violation of due process, particularly
as the mayor had no fair notice that he might face a penalty of that size.
The trial court therefore properly reduced the punitive damages award to
$35,000. Mendez-Matos v. Municipality of Guaynabo, No. 07-2303, 2009 U.S.
App. Lexis 3702 (1st Cir.).
An arrestee was awarded $1 in nominal damages
and $250,000 in punitive damages against a police officer in a lawsuit
arising out of a shooting by an officer resulting in the death of her deaf-mute
son. The lawsuit did not challenge the legality of the shooting, but claimed
that officers improperly acted against the arrestee and her other surviving
son following the shooting. The claims asserted included an allegedly unlawful
search of the arrestee's house and false arrest. The appeals court upheld
a reduction of the punitive damages to $5,000, finding that the jury's
award was unconstitutionally excessive. The appeals court found that she
did not present enough to create a triable issue concerning the county's
alleged negligent training of the officers, and upheld a jury instruction
limiting the plaintiff's claim for emotional distress damages to the distress
experienced during the two days surrounding the incident. The appeals court
also overturned an order denying the plaintiff attorneys' fees as a sanction
for her attorney's failure to appear at a hearing, since he did not have
any notice that a personal appearance was required. Mendez v. County of
San Bernardino, No. 05-56118, 2008 U.S. App. Lexis 18426 (9th Cir.).
In a prior decision, Campbell v. Miller,
06-1981, 499 F.3d 1 (7th Cir. Ind., 2007), an appeals court ruled that
no reasonable jury could find that a strip search and visual inspection
of an arrestee's anal cavity, conducted in a backyard within the sight
of others for no identified reason complied with the Fourth Amendment.
The appeals court found that the officer who conducted the search was liable
to the arrestee, while the city that employed him was not, as it did not
have a policy that caused the manner in which the search had been conducted.
In a hearing on damages on remand, the trial court ruled that the plaintiff
was barred from seeking to recover punitive damages because a conclusive
ruling on the issue had been reached at trial, and the arrestee had failed
to challenge that portion of the court's rulings during the appeal. Campbell
v. Miller, #1:03-cv-180, 2008 U.S. Dist. Lexis 501 (S.D. Ind.).
An award of $79.5 million in punitive damages
in a case involving an award of $821,000 in compensatory damages violated
due process and amounted to an unconstitutional taking of property when
the jury was motivated in part by a desire to punish the defendant for
allegedly harming persons who were not parties to the litigation. The case
involved claims against a tobacco company, rather than claims about law
enforcement, but the analysis in it, rejecting the roughly 100-to-1 ratio
the punitive damage award bore to the compensatory damages amount as "grossly
excessive" may be useful in also defending law enforcement personnel
against excessive punitive damage awards. Philip Morris USA v. Williams,
No. 05-1256, 127 S. Ct. 1057 (2007).[N/R]
Federal appeals court upholds $1.3
million award of compensatory and punitive damages against police officers
for allegedly using excessive force against two arrestees. Evidence was
sufficient for a reasonable jury to arrive at a finding of liability, and
the defendants failed to preserve for appeal any question about whether
the compensatory damages awarded were excessive. The punitive damages award
of $250,000 against each of the four defendants was not excessive under
the circumstances if the jury believed the plaintiffs' version of the incident,
amounting to an unjustified assault by the officers. Casillas-Diaz
v. Palau, No. 04-1303, 463 F.3d 77 (1st Cir.). [N/R]
Evidence supported jury verdict that a series
of traffic stops, equipment compliance citations, and a vehicle impoundment
were carried out against a California man to unlawfully retaliate against
him for his protected free speech activity of complaining about a California
Highway Patrol officer to his department. Federal appeals court upholds
award of $500,000 in compensatory damages, but rules that punitive damage
awards of $4 million were excessive and must be substantially reduced.
Plaintiff also receives $800,000 in attorneys' fees. Grassilli v. Barr,
No. D044931, 2006 Cal. App. Lexis 1384 (Cal. 4th App. Dist.). [2006 LR
Nov]
Federal court did not have jurisdiction over
lawsuit by car theft victim claiming that his vehicle was stolen by a theft
ring operated by employees of the D.C. police department and that fraud
was committed against him by the employees allegedly not entering his car's
vehicle identification number into a stolen vehicle database. These claims,
filed in federal court on the basis of diversity jurisdiction, require
a showing that the amount at issue exceeds $75,000, but the value of the
plaintiff's car was only $500, and an award of punitive damages of over
$69,500 would be constitutionally excessive, making it clear that the amount
at issue in the lawsuit was far less than the required amount. Hunter v.
District of Columbia, No. CIV.A. 04-0303, 384 F. Supp. 2d 257 (D.D.C. 2005).
[N/R]
Casino security officer, licensed to make
warrantless arrests on her employer's premises under Michigan law, acted
under color of state law in detaining 72-year-old woman for picking up
a five cent token from the tray of an unoccupied slot machine. Federal
appeals court upholds jury determination that the detention was an unlawful
arrest and violated the woman's civil rights. $875,000 punitive damage
award, however, ordered reduced to $600,000 in lawsuit in which plaintiff
was only awarded $279.05 in compensatory damages. Romanski v. Detroit Entertainment,
No. 04-1354, 2005 U.S. App. Lexis 23336 (6th Cir.). [2005 LR Dec]
Failure to instruct jury that it could impose
punitive damages for officer's alleged excessive use of force against an
arrestee if he acted in an "oppressive" manner required a new
trial on the issue. Federal appeals court also orders recalculation of
attorneys' fees award to determine whether hours plaintiff's attorney spent
on unsuccessful claims were related to the time spent on the successful
excessive force claim which resulted in $18,000 jury award of compensatory
damages. Dang v. Cross, No. 03-55403, 2005 U.S. App. Lexis 17981 (9th Cir.).
[2005 LR Oct]
Iowa deputy violated due process rights of
non-custodial father when he removed 12-year-old visiting daughter from
his home after seeing her in the presence of an accused sexual offender,
and failed to notify juvenile court of the removal. Father had a protected
liberty interest in connection with his daughter's visitation. Jury improperly
awarded $30,000 in punitive damages, however, based on improper jury instructions
that failed to require a showing or either evil motive or reckless indifference
to protected federal rights. Swipies v. Kofka, No. 04-3244, 2005 U.S. App.
Lexis 16861 (8th Cir.). [2005 LR Oct]
Trial court properly reduced, by 20%, attorneys'
fees to be awarded to plaintiff arrestee who prevailed against one officer
on false arrest and abuse of process claims and was awarded $50,000 in
compensatory and $8,508 in punitive damages. Reduction was justified by
the fact that no evidence supported other claims which the plaintiff voluntarily
withdrew one week prior to trial, and that the jury returned a verdict
against the plaintiff on claims for malicious prosecution and battery.
Green v. Torres, No. 02-7658, 361 F. 3d 96 (2nd Cir. 2004). [N/R]
Police officer's conduct in allegedly refusing
to provide a man protection against his ex-girlfriend, a fellow police
officer, following purported threats of physical violence, was "reprehensible"
enough to support an award of punitive damages, but court finds $200,000
jury award of punitive damages excessive, ordering it reduced to $25,000,
while upholding $2,000 award of compensatory damages. Plaintiff would be
granted a new trial limited solely to the issue of punitive damages if
he rejected the reduction. Stack v. Jaffee, 306 F. Supp. 2d 137 (D. Conn.
2003). [N/R]
Jury award of $300,000 in compensatory and
$1 million in punitive damages to arrestee and estate of second arrestee
(who committed suicide months after arrest) on excessive force claims was
not excessive. Diaz v. Vivoni, 301 F. Supp. 2d 92 (D. Puerto Rico 2003).
[N/R]
Two police officers were each properly assessed
$10,000 in compensatory and $20,000 in punitive damages, appeals court
rules, for unreasonable and "unnecessarily degrading" and prolonged
detention of female resident of home who was not a subject of their investigation
during the execution of a search warrant. Plaintiff was allegedly kept
in handcuffs for several hours, marched barefoot through the rain, and
unnecessarily questioned about her citizenship status. Mena v. City of
Simi Valley, #01-56673, 332 F.3d 1255 (9th Cir. 2003). [2003 LR Sep]
Evidence was sufficient for jury to award
$15,000 to man beaten by police officer while sergeant stood by, but an
award of $2 million in punitive damages was excessive, federal trial court
rules, citing new U.S. Supreme Court case on proportionality of punitive
damages to compensatory damages. Trial judge orders reduction of punitives
to 45,000 or else a new trial on the issue of punitive damages. Waits v.
City of Chicago, No. 01C4010, U.S. Dist. Ct. N.D. Ill. June 6, 2003, reported
in Chicago Daily Law Bulletin, p. 1 (June 9, 2003). [2003 LR Jul]
U.S. Supreme Court holds that a punitive
damages award of $145 million was excessive in a case where the compensatory
damages were $1 million. Such a disproportionate award of punitive damages
violates the Due Process Clause of the Fourteenth Amendment. Courts reviewing
punitive damages should consider: (1) the degree of reprehensibility of
the defendant's misconduct, (2) the disparity between the actual or potential
harm suffered by the plaintiff and the punitive damages award, and (3)
the difference between the punitive damages awarded by the jury and the
civil penalties authorized or imposed in comparable cases. State Farm Mutual
Automobile Insurance Co. v. Campbell, #01-1289, 123 S. Ct. 1513 (2003).
[N/R]
Jury could reasonably conclude that an arresting
officer used excessive force in light of arrestee's claim that he was an
"innocent bystander" and had done nothing to provoke the officer
except express his concern about alleged mistreatment of others, and that
the officer continued to use force against him after he was in custody
and subdued. Force allegedly used included throwing the arrestee to the
ground after he was handcuffed, striking him in the back of the head, and
kneeing him. Award of $5,000 in compensatory damages and $50,000 in punitive
damages was not excessive when plaintiff had injuries resulting in $173
in medical expenses and claimed that he suffered fear, pain, and humiliation
because of the officer's actions. Burbank v. Davis, 238 F. Supp. 2d 317
(D. Maine 2003). [N/R]
Jury properly awarded damages to estate of
man shot and killed as he held his mother hostage with a knife and threatened
to kill her if his ex-girlfriend was not brought to him, D.C. high court
rules, but jury's $2.1 million compensatory damages award is reduced to
$180,000, and $3.999 million punitive damage award was improper since there
was no evidence to support a finding that the officers shot the decedent
with an "evil motive" or "actual malice." District
of Columbia v. Jackson, No. 99-CV-756, 810 A.2d 388 (D.C. 2002). [2003
LR Mar]
Jury properly awarded compensatory damages
of $15,184 and punitive damages of $37,916 to bystander documenting police
conduct at event who claimed that an officer assaulted him and tackled
him to the ground while he had his hands up in the air. Defendant officer
was not unfairly prejudiced by the admission of evidence concerning the
conduct of other officers present on the occasion. Cummings v. Libby, 176
F. Supp. 2d 26 (D. Maine 2001). [2002 LR May]
Florida state statute putting a cap on punitive
damages, F.S.A. Sec. 768.73, did not apply to arrestee's claim for intentional
violation of his civil rights. Statute's limit on the amount of punitive
damages applied to negligence, strict liability, and products liability,
rather than intentional wrongs. Appeals court orders further proceedings,
however, on whether award of $102,500 in compensatory and $330,000 in punitive
damages against off-duty deputy was justified under the facts or was excessive.
St. John v. Coisman, No. 5D00-3031, 799 So. 2d 1110 (Fla. App. 5th Dist.
2001). [2002 LR Mar]
Damage award of $3.5 million in non-economic
damages to an arrestee who suffered the loss of one eye and an impairment
to his left hand in an alleged assault by police officers was excessive
under both federal and Maryland state law. Punitive damage awards of $150,000
each against two officers and $100,000 against a third were also excessive.
Court orders reduction of non-economic compensatory damages to $1.25 million
and of punitive damages to $50,000 each against two offices and $35,000
against a third, or, in the alternative, a new trial on damages. McCollum
v. McDaniel, 136 F. Supp. 2d 172 (D. Md. 2001). [N/R]
346:147 Los Angeles arrestee could pursue
federal civil rights claims against present and former city council members
and current and former city attorneys, based on their role in allegedly
deciding in "bad faith" to indemnify police officers assessed
punitive damages by juries in past civil rights lawsuits. Blumberg v. Gates,
144 F. Supp. 2d 1221 (C.D. Cal. 2001).
343:101 City legislators are not entitled
to qualified immunity if they act in bad faith in indemnifying police officers
against awards of punitive damages in federal civil rights lawsuits for
misconduct. Navarro v. Block, No. 99-55623, 250 F.3d 729 (9th Cir. 2001).
343:101 Rather than merely reviewing punitive
damage awards for "abuse of discretion" by trial courts, federal
appeals courts should conduct an "independent review" of whether
such awards are so excessive as to be unconstitutional, U.S. Supreme Court
rules. Cooper Industries, Inc. v. Leatherman Tool Group, Inc., No. 99-
2035, 121 S. Ct. 1678 (2001).
340:53 New York appellate court reduces total
damages awarded for emotional distress, false arrest, and malicious prosecution
from jury's award of $250,000 to $135,000, including reduction in punitive
damages from $100,000 to $50,000. Lynch v. County of Nassau, 717 N.Y.S.2d
248 (A.D. 2000).
26:27 UPDATE Danish mother who left sleeping
infant outside restaurant in carriage was not falsely arrested, New York
federal jury finds, but still awards her $66,400 in damages for post-arrest
damages, including alleged police department practice of failing to advise
foreign arrestee of their right to seek assistance from their country's
consulate; $1 each awarded to woman and the father of her baby for strip
search. Sorensen v. City of New York, U.S. Dist. Ct., S.D.N.Y., reported
in The New York Times, p. A23 (Dec. 15, 1999).
330:85 Federal appeals court upholds $245,000
award of compensatory and punitive damages to three 17- year-old boys,
two African-American and one white, on claim that two police officers illegally
stopped and searched their vehicle and used excessive force, including
pulling and squeezing their testicles, during pat-down search, and were
motivated by racial bias in carrying out one-hour stop, search and detention;
alleged racial bias was a proper basis for punitive damages award. Price
v. Kramer, #97-56580, #98-55484, 200 F.3d 1237 (9th Cir. 2000).
302:19 Arrestee was only entitled to one
award of $1,000 when jury found that those were the damages he suffered;
jury's action in then awarding him this amount on each of three claims--false
arrest/imprisonment, malicious prosecution, and abuse of process--resulted
in impermissible multiple recovery; Rhode Island Supreme Court also overturns
$75,000 punitive damage award against municipality as improper. Graff v.
Motta, 695 A.2d 486 (R.I. 1997).
290:25 Evidence adequately supported claim
that police investigator coerced bank teller supervisor's confession to
taking money from vault; jury awards $150,000 in compensatory damages and
$200,000 in punitive damages against police investigator, and trial court
finds punitive award excessive Niemann v. Whalen, 928 F.Supp. 296 (S.D.N.Y.
1996).
294:83 City's action of indemnifying police
officers against punitive damages award in lawsuit brought over shooting
death of fast-food restaurant robber did not constitute a policy of "encouraging
and ratifying" the excessive use of force; individual city council
members who voted for payment of punitive damages award were also entitled
to qualified immunity for their action Trevino v. Gates, 99 F.3d 911 (9th
Cir. 1996).
298:150 Federal appeals court rules that
punitive damages award of $200,000 was excessive in malicious prosecution
lawsuit in which jury awarded $1 in nominal damages against arresting officer
Lee v. Edwards, 101 F.3d 805 (2nd Cir. 1996).
282:93 Warrantless search of home seeking
for child was unreasonable, but plaintiff was not entitled to an award
of attorneys' fees after only nominal damages were awarded; plaintiff waived
issue of punitive damages by failing to raise it after verdict on liability
was announced but before jury had been dismissed Caruso v. Forslund, 47
F.3d 27 (2nd Cir. 1995).
285:140 Evidence of arrestee's acquittal
on criminal charges growing out of altercation with off-duty officer was
properly admitted since favorable termination of criminal case was a necessary
element of malicious prosecution claim; Rhode Island Supreme Court upholds
$20,000 compensatory damages award, but rules that $50,000 punitive damages
award against officer was excessive and that $10,000 would be a more appropriate
amount of punitive damages Minutelli v. Boranian, 668 A.2d 317 (RI 1995).
285:131 U.S. Supreme Court rules that an
award of punitive damages which was 500 times the size of the compensatory
damages awarded by a jury was "grossly excessive" and constitutionally
violative of the Due Process Clause of the Fourteenth Amendment BMW of
North America, Inc v. Gore, 116 S.Ct. 1589 (1996).
275:167 Jury instruction informing it that
city would indemnify officer for compensatory damages and attorney's statement
to jury that city could indemnify officer for punitive damages required
new trial on issue of compensatory and punitive damages awarded in federal
civil rights suit against officer by detainee Larez v. Holcomb, 16 F.3d
1513 (9th Cir. 1994).
U.S. Supreme Court holds that $10 million
punitive damage award did not violate due process. Pacific Mutual Life
Ins Co v. Haslip, 499 U.S. 1 (1991).
Award of $880,000 to rental agent arrested
on charges of leasing premised to be used for prostitution reversed on
appeal; officers were entitled to qualified immunity Von Stein v. Brescher,
904 F.2d 572 (11th Cir. 1990).
Arrestees acquitted in criminal trial could
claim their attorneys' fees in criminal defense as element of damages in
civil rights suit against arresting officers Borunda v. Richmond, 885 F.2d
1384 (9th Cir. 1989).
Oregon supreme court holds that state statute
limiting damages to $100,000 and barring punitive damages in suits against
public entities and employees violates constitution in section 1983 cases
Rogers v. Saylor, 760 P.2d 232 (Or 1988).
Officer liable for $20,000 in punitive damages
for alleged beating of motorist following traffic accident Coulter v. Vitale,
882 F.2d 1286 (7th Cir. 1989).
Failure to separate claims for punitive damages
for each defendant an on each cause of action required a new trial on punitive
damages Staudacher v. City of Buffalo, 547 N.Y.S.2d 770 (A.D. 1989).
Plaintiff allowed to increase the amount
of damages sought from $500,000 to $10 million ten years after filing his
lawsuit alleging assault by police officers Suarez v. City of New York,
564 N.Y.S.2d 393 (A.D. 1991).
Punitive damages award against officers for
use of excessive force during search upheld despite exceeding compensatory
damages awarded by a ratio of up to 300/1; Punitive damages award against
police chief overturned, but court holds that his statements to the press
stating that plaintiff was "probably lucky" to have suffered
only broken nose can be evidence at retrial Larez v. City of Los Angeles,
946 F.2d 630 (9th Cir. 1991).
Award of $950,000 compensatory damages and
$500,000 punitive damages for false arrest and assault reduced to $250,000
compensatory and $125,000 punitive where plaintiff suffered "minor
scarring" and there was insufficient evidence of loss of earnings
Byrd v. NY City Transit Authority, 568 N.Y.S.2d 628 (A.D. 1991).
Punitive damages awarded against individual
guard for reckless indifference to safety of inmate beaten and sexually
assaulted by cell mate Smith and Wade, 103 S.Ct. 1625 (1983).
Plaintiff sues officer for punitive damages
in alleged excessive force suit; punitive damages can not be awarded against
a city Miller v. City of Rensselaer, 463 N.Y.S.2d 589 (App. 1983).
Punitive damages must be assessed individually
against officers, not jointly McFadden v. Sanchez, 710 F.2d 907 (2nd Cir.
1983).
Possibility of punitive damages does not
create conflict of interest requiring separate counsel Galligan v. City
of Schenectady, 497 N.Y.S.2d 186 (A.D. 3 Dept 1986).
Punitive damages could be assessed against
FBI officials responsible for program designed to disrupt lawful political
activities Hobson v. Brennan, 646 F.Supp. 884 (DDC 1986).
Beating of arrestee results in awarding of
$100,000 in punitive damages against deputy sheriff; sheriff liable under
Louisiana state law (but not federal law). for deputy's actions Hall v.
St Helena Parish Sheriff's Dept, 668 F Supp
535 (M.D. La 1987).
Court overturns jury award of punitive damages
when officers' conduct was not "sufficiently callous" and no
evidence of prior misconduct Odato v. Vargo, 677 F.Supp. 384 (WD Pa 1988).
" See also: Assault
and Battery: Flashlights, False Arrest/Imprisonment:
Warrant, Firearms Related: Negligent Use,
Governmental Liability: Indemnity