United States First Circuit

Although municipalities are immune from punitive damages awards under 42 U.S.C. section 1983, city lost the benefit of immunity, where it failed to object to award of punitive damages, there was no suggestion plaintiff's counsel knowingly deceived court in arguing for punitive damages, the punitive damages awarded were within the scope of the compensatory damages sought, and vacating award would prejudice the plaintiff.

Appellate Information

• Decided 03/29/2002
• Published 03/29/2002

Judges

• PER CURIAM., Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges, CYR, Senior Circuit Judge, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas E. Sweeney, City Solicitor, with whom Christine P. O'Connor, Assistant City Solicitor, was on brief for appellant.


• For Appellees:
  
• Daniel S. Sharp with whom Elaine Whitfield Sharp, Whitfield Sharp and Sharp and Randy M. Hitchcock were on brief for appellee.