Punitive damages require conduct motivated by evil motive or intent, or reckless indifference to federally protected rights. City of Newport bars punitive damages against municipalities.
Indemnification of punitive awards varies by jurisdiction.
Alternative Names:
Section 1983 Punitive Damages|Civil Rights Punitive Damages
Why it Matters?
The municipal bar means punitive exposure attaches only to individuals, and indemnification statutes frequently exclude punitive awards, which creates genuine personal exposure that compensatory claims do not. That dynamic affects individual defendants' settlement interests and may diverge from the entity's. Recognizing the divergence early determines whether separate counsel is warranted for the individual defendants.
Frequently Confused with
Related terms
Frequently asked questions
Are municipalities subject to punitive damages?
What conflict does that create?
