Hayes v. Kansas City Board of Public Utilities et al

Filing 49

MEMORANDUM AND ORDER granting 45 Defendant's Motion to Dismiss Plaintiff's Punitive Damages Claim. Signed by District Judge John W. Lungstrum on 12/29/2014. (ses)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
Phillip Hayes,
Plaintiff,
v.

Case No. 13-2322-JWL

Unified Government of
Wyandotte County/Kansas City, Kansas,
Defendant.

MEMORANDUM & ORDER
Plaintiff has filed suit against defendant alleging claims for retaliation under Title VII of
the Civil Rights Act of 1964; race discrimination under 42 U.S.C. § 1981; and violations of the
Equal Protection Clause of the Fourteenth Amendment pursuant to 42 § U.S.C. 1983. This
matter is presently before the court on defendant’s motion to dismiss plaintiff’s punitive
damages claim (doc. 45) on the grounds that punitive damages are not available against a
municipality for the substantive claims asserted by plaintiff. Plaintiff has not responded to the
motion.
Despite the fact that the motion is unopposed and the court could grant the motion on that
basis alone, see D. Kan. Rule 7.4, the court grants the motion on the merits as it is undisputed
that defendant is a municipality and that punitive damages are not recoverable against a
municipality. See City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981) (punitive
damages not recoverable against municipality in section 1983 suit); Bolden v. City of Topeka,

441 F.3d 1129, 1134 (10th Cir. 2006) (section 1983 provides the exclusive remedy for damages
against municipality for claims which arise under section 1981); 42 U.S.C. § 1981a(b)(1)
(exempting government entities from the punitive damages provision of Title VII).

IT IS THEREFORE ORDERED BY THE COURT THAT defendant’s motion to
dismiss plaintiff’s punitive damages claim (doc. 45) is granted.

IT IS SO ORDERED.

Dated this 29th day of December, 2014, at Kansas City, Kansas.

s/ John W. Lungstrum
John W. Lungstrum
United States District Judge

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