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Judge: punitive-damage cap unconstitutional

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A Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place more than a decade ago are unconstitutional.

Marion Superior Judge David Dreyer issued a 20-page ruling Friday in John Doe v. Father Jonathan Lovill Stewart, No. 49D10-0402-CT-0443. The decision came in the case of a Greene County man, who claimed that as a 10-year-old boy the Catholic priest molested him between 1993 and 1997. A jury in April 2008 awarded $5,000 in compensatory damages and $150,000 in punitive damages, the latter that would have been reduced to $50,000.

State statute amended in 1995 says that punitive damages can't be more than three times the compensatory award or $50,000, whichever is greater.

The priest's attorney had asked the court to reduce the punitive damages to that $50,000 mark, but Doe argued that the cap is unconstitutional and that it doesn't apply to his case because the molestation acts started in 1993 before the statute was in effect.

Judge Dreyer determined the statute isn't retroactive, but more significantly that it violates the Indiana Constitution with respect to separation of powers and right to trial by jury - the legislative move to limit the jury's verdict goes against a person's constitutional right to trial by jury, he wrote.

"The Indiana Constitution protects each branch of government from interference with each other, and further guarantees Indiana citizens will have their civil cases decided by a jury," he wrote. "The Statute's two provisions ... interpose the will of the General Assembly to supersede otherwise valid verdicts. Accordingly, it contradicts the Indiana Constitution and should not interfere with Doe's punitive damage award."

While other states' constitutional language and setups may allow limits on punitive damages, the judge said Indiana's does not. This statute "materially burdens" the state's core values and is an inadequate substitute for what the framers envisioned in the state constitution.

"Our scrupulous guard against encroachment only allows one finding: the Statute impermissibly alienates Indiana's guarantee to trial by jury, and its nullification is rational and necessary," Judge Dreyer wrote.

More coverage on this case and legal issue will be in the March 18-31, 2009, issue of Indiana Lawyer.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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