Sykes v. Pine Lawn, City of, et al.

Filing 9

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Sentencing hearing for Defendant Alphonso Eduardo Gonzales is rescheduled for Friday, April 10, 2015 at 10:30 a.m.. Signed by District Judge Audrey G. Fleissig on 4/2/15. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MARY SYKES,
Plaintiff,
vs.
CITY OF PINE LAWN, et al.,
Defendants.

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Case No. 4:15CV00462 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendant City of Pine Lawn’s motion to strike
Plaintiff=s claim for punitive damages, which was filed on March 17, 2015. Plaintiff has
failed to respond to this motion, and the time to do so has expired.
Defendant asserts in its motion that as a public, governmental entity, it is immune
from Plaintiff’s claim for punitive damages. Courts have long held that awarding punitive
damages against a city is contrary to sound public policy, as such awards would not
adequately punish a wrongdoer, but instead would burden the city’s resident taxpayers.
See, e.g., Chappell v. City of Springfield, 423 S.W.2d 810, 813 (Mo. 1968). Furthermore,
it is well settled that a city may not be held liable for punitive damages in actions brought
under 42 U.S.C. §§ 1983 or 1985. See City of Newport v. Fact Concerts, Inc., 453 U.S.
247, 271 (1981) (a municipality is immune from punitive damages under § 1983); Bell v.
City of Milwaukee, 746 F.2d 1205, 1270-71 (7th Cir. 1984) (extending municipal
immunity to § 1985 suits), overruled on other grounds by Russ v. Watts, 414 F.3d 783 (7th
Cir. 2005).

Accordingly,
IT IS HEREBY ORDERED that Defendant=s motion to strike Plaintiff=s claim for
punitive damages is GRANTED without prejudice to Plaintiff=s right to recover
non-punitive damages. (Doc. No. 7).

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 2nd day of April, 2015.