Egbert v. Monroe County, Illinois et al

Filing 39

ORDER. The Court GRANTS Defendants' Motion to Strike (Doc. 32) and STRIKES Plaintiff's demand for punitive damages in Count II of her First Amended Complaint against Monroe and Wuertz in his official capacity. Signed by Judge Staci M. Yandle on 7/9/15. (ajr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KRISTIN EGBERT,
Plaintiff,
vs.

Case No. 14-cv-1163-SMY-DGW

MONROE COUNTY, ILLINOIS and CARL
D. WUERTZ, in his Individual and Official
Capacity,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on defendant Monroe County, Illinois (“Monroe
County”) and Carl D. Wuertz’s (collectively “Defendants”) Motion to Strike Plaintiff’s Prayer
for Punitive Damages (Doc. 32). Pursuant to Federal Rule of Civil Procedure 12(f), Defendants
seek an order striking Plaintiff’s demand for punitive damages in Count II against Monroe
County and Wuertz in his official capacity. Specifically, Defendants contend punitive damages
are not recoverable from a municipality, City of Newport v. Fact Concerts, Inc., 453 U.S. 247,
271 (1981), or a governmental official in his official capacity, Kentucky v. Graham, 473 U.S.
159, 167 (1985). Plaintiff filed her response conceding the merits of Defendants’ motion
Accordingly, the Court GRANTS Defendants’ Motion to Strike (Doc. 32) and
STRIKES Plaintiff’s demand for punitive damages in Count II of her First Amended Complaint
against Monroe and Wuertz in his official capacity.
IT IS SO ORDERED.
DATED: July 9, 2015
s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE