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)

______________________________________________________________________________
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