United States District Court, S.D. Illinois
October 3, 2005.
CHRISTOPHER B. TAYLOR, Plaintiff,
DAVID HAYES, et al., Defendants.
The opinion of the court was delivered by: DONALD WILKERSON, Magistrate Judge
This matter is before the Court on the Motion to Strike Prayer
for Punitive Damages filed by the Defendant, City of Alton, on
August 10, 2005 (Doc. 27). The motion is GRANTED.
The Plaintiff is alleging a custom and policy claim and a
failure to train claim against the City of Alton. The Plaintiff
seeks compensatory damages, punitive damages, and fees and costs
as compensation. In such a § 1983 suit, the Plaintiff may not
seek punitive damages against a governmental actor unless he is
suing them in their individual capacity. City of Newport v. Fact
Concers, Inc., 453 U.S. 247, 271 (1981); See also Hill v.
Shelander, 942 F.2d 1370, 1374 (7th Cir. 1991); Erwin v.
County of Manitowoc, 872 F.2d 1292, 1299 (7th Cir. 1989). As
such, his claim for punitive damages against the City of Alton is
In addition, the Plaintiff also has asserted the same type of
claim against the City of Collinsville. While this municipality
has not sought to strike the punitive damages against it, it is
clear that such damages are not recoverable. Therefore the
Plaintiff's prayer for punitive damages against the City of
Collinsville is also hereby STRICKEN.
© 1992-2005 VersusLaw Inc.