What are punitive damages available in a civil rights action under Section 1983 of the Civil Rights Act?
The following excerpt is from Schneider v. Cnty. of Sacramento, Civ. No. S-12-2457 KJM KJN (E.D. Cal. 2014):
Punitive damages are available in a civil rights action under 1983 when a defendant's conduct "is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others." Smith v. Wade, 461 U.S. 30, 56 (1983). Plaintiffs have adequately pleaded Bieber's 2012 recommendation was motivated by the intent to cripple their ability to litigate this action. This is sufficient.
IT IS THEREFORE ORDRED that:
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