WebCongress. Part V compares and contrasts the particular incentives created by the different state split-recovery statutes. II. Current Treatment of Punitive Damages A. History Punitive … WebWade, 461 U.S. 30 (1983) Smith v. Wade. No. 81-1196. Argued November 10, 1982. Decided April 20, 1983. 461 U.S. 30. Syllabus. Respondent, while an inmate in a Missouri reformatory for youthful first offenders, was harassed, beaten, and sexually assaulted by his cellmates. He brought suit under 42 U.S.C. § 1983 in Federal District Court against ...
Smith v. Wade, No. 81-1196 - Federal Cases - Case Law - vLex
Web30 Mar 2024 · Smith v. Wade, 461 U.S. 30, 56 (1983). Punitive damages, however, are not recoverable against governmental entities (i.e. the relevant city or county) – only against … WebWade, however, now represents much stronger precedent for the proposition that modern common law is relevant to the section 1983 analysis. First, the Court in Wade specifically … the unlimited app
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Web29 Jan 1996 · Several years later the Supreme Court revisited the issue of damages in a section 1983 action. Although the question in Smith v. Wade, 461 U.S. 30, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983), did not involve the survival of claims, the Court's opinion is instructive. The Court examined the need for a clear standard for punitive damages in officer ... WebCarey v. Piphus, 435 U.S. 247, 253 (1978). See also Smith v. Wade, 461 U.S. 30, 34 (1983). Accordingly, when § 1983 plaintiffs seek damages for violations of constitutional rights, … WebWade, 461 U.S. 30, 103 S. Ct. 1625, 75 L. Ed. 2d 632 [1983]). A plaintiff is entitled to punitive damages if the jury finds that the defendant's conduct was reckless or callously … the unlimited aoe