Punitive Damages

What It Is

Punitive damages go beyond compensating you for your injuries. They’re designed to punish the defendant for especially egregious conduct and deter similar behavior in the future.

Availability in § 1983

• Against individual officers: Yes. Punitive damages are available when the officer’s conduct is “motivated by evil motive or intent, or involves reckless or callous indifference to the federally protected rights of others.” Smith v. Wade, 461 U.S. 30 (1983).
• Against municipalities: No. City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981) — Punitive damages are not available against municipal entities under § 1983.

This means punitive damages only come into play in individual capacity suits. And since most officers are indemnified by their employers, it’s unclear how often punitive damages actually come out of the officer’s pocket — though the threat of personal liability matters.

What You Need to Show

The standard is higher than ordinary negligence. You need evidence that the officer:

• Acted with malicious intent
• Knew their conduct violated your rights and did it anyway
• Showed reckless or callous disregard for your constitutional rights

This often overlaps with the facts supporting your underlying claim. An officer who fabricates probable cause to arrest you for criticizing them likely satisfies the punitive damages standard.

Key Cases

• Smith v. Wade, 461 U.S. 30 (1983) — Punitive damages available for reckless or callous indifference
• City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981) — No punitive damages against municipalities