Can a plaintiff seek punitive damages against the California Department of Civil Rights?

MultiRegion, United States of America

The following excerpt is from Smith v. Cal. [California Dep't of Corr., Case No. 1:17-cv-01058-LJO-SAB (E.D. Cal. 2017):

Plaintiff seeks damages for her section 1983 cause of action alleging that the defendants acted in reckless and callous disregard for his rights, and the acts were willful, oppressive, fraudulent, and malicious. (Compl. 41.) As a matter of law, a public entity cannot be sued for punitive damages under section 1983. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981); Neveu v. City of Fresno, 392 F.Supp.2d 1159, 1183 (E.D. Cal. 2005). Plaintiff cannot seek punitive damages against CDCR for her federal claims proceeding in this action.

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