Jensen, Madison Jody the Estate of v. Duchesne County et al

Filing 117

MEMORANDUM DECISION AND ORDER granting 106 Motion to Dismiss Plaintiff's punitive damages claim against Defendant Duchesne County. Signed by Judge Dale A. Kimball on 4/24/2019. (eat)

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______________________________________________________________________________ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH ESTATE OF MADISON JODY JENSEN, Plaintiff, MEMORANDUM DECISION AND ORDER vs. Case No. 2:17CV1031DAK DUCHESNE COUNTY, ET AL., Judge Dale A. Kimball Defendants. This matter is before the court on Defendant Duchesne County’s Motion to Dismiss Plaintiff’s punitive damages claim against the County. [ECF Docket No. 106]. Plaintiff filed a response stating that it did not oppose Duchesne County’s motion, and Duchesne County filed a Request to Submit for Decision instead of filing a reply. Therefore, the parties have fully briefed the motion. The parties agree that it is settled law that a municipality is immune from punitive damages under 42 U.S.C. § 1983 claims. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981). Accordingly, the court grants Duchesne County’s Motion to Dismiss and dismisses Plaintiff’s claim for punitive damages against Duchesne County. DATED this 24th day of April, 2019. BY THE COURT: ____________________________________ DALE A. KIMBALL, United States District Judge

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