In California, are punitive damages available against state/county/local government agencies and their officers in their official capacity? The below is the appropriate statute but I've seen so many lawyers ask for punitive damages anyway. Some pro-tip would be appreciated.
818. Notwithstanding any other provision of law, a public entity is
not liable for damages awarded under Section 3294 of the Civil Code
or other damages imposed primarily for the sake of example and by way
of punishing the defendant.
Q on Punitive Damages against local government Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
-
BrokenMouse
- Posts: 1273
- Joined: Fri May 16, 2014 1:14 pm
Q on Punitive Damages against local government
-
criminaltheory
- Posts: 196
- Joined: Mon Jul 23, 2012 5:48 pm
Re: Q on Punitive Damages against local government
Unless waived, states & municipalities & entities are immune from punitive damage liability. City of Newport v. Fact Concerts, 453 US 247 (1981)
-
BrokenMouse
- Posts: 1273
- Joined: Fri May 16, 2014 1:14 pm
Re: Q on Punitive Damages against local government
Wow I remember this case from 1L. How did I miss this. Thanks a lot!!criminaltheory wrote:Unless waived, states & municipalities & entities are immune from punitive damage liability. City of Newport v. Fact Concerts, 453 US 247 (1981)
