Punitive Damages

On September 26, 2009, Deshun Carter was barbequing in front of his house with his mother, father, and wife.  Two officers arrived and told him to turn down the music coming from his vehicle.  Carter immediately complied and told the officers that he was sorry for the music and wasting their time.  He identified himself as the owner of the house and the vehicle, and gave the officers his identification.  When an officer turned to run warrant checks, Carter stepped back toward his grill because his meat was burning.  The officer became irate and shouted, “Where the fu** do you think you’re going – I’m not done with you yet.”

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Sanders v. Lee County School District, No. 10-3240 (8th Cir. 2012).  An Arkansas jury found in favor of plaintiff Sharon Sanders on her Title VII claims of race discrimination and constructive discharge.  The jury awarded $10,000 in compensatory damages for race discrimination, $60,825 in back and front pay damages for her constructive discharge, and $8,000 in punitive damages.  After the verdict, the district court judge granted the School District’s motion under Rule 50 of the Federal Rules of Civil Procedure to set aside the jury’s verdicts on constructive discharge and punitive damages.  Sanders appealed the district court’s vacation of the jury’s verdicts to the Eighth Circuit Court of Appeals – the Eighth Circuit reversed the district court’s ruling and reinstated the jury’s findings.

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In Connick v. Thompson, the Supreme Court reversed both the federal district court and Fifth Circuit Court of Appeals to hold that a District Attorney could not be held liable for failure to train his prosecutors regarding their obligation to turn over exonerating evidence to defense attorneys.  In a 5 to 4 decision divided on ideological lines, the Court held that, in order to recover damages for civil rights violations by prosecutors, plaintiffs must demonstrate a “pattern of violations” similar to the violations that are the subject of their case.  This holding will make it much more difficult for victims to be compensated for wrongs committed against them by municipalities.

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