Page 1 of 1

Q on Punitive Damages against local government

Posted: Mon Mar 28, 2016 4:32 pm
by BrokenMouse
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.

Re: Q on Punitive Damages against local government

Posted: Mon Mar 28, 2016 4:41 pm
by criminaltheory
Unless waived, states & municipalities & entities are immune from punitive damage liability. City of Newport v. Fact Concerts, 453 US 247 (1981)

Re: Q on Punitive Damages against local government

Posted: Mon Mar 28, 2016 4:48 pm
by BrokenMouse
criminaltheory wrote:Unless waived, states & municipalities & entities are immune from punitive damage liability. City of Newport v. Fact Concerts, 453 US 247 (1981)
Wow I remember this case from 1L. How did I miss this. Thanks a lot!!