Justices: Punitive damages cap, allocation do not violate Indiana Constitution

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The Indiana Supreme Court unanimously reversed a Marion Superior judge’s 2011 decision in a sex-abuse case that held the statutes that cap punitive damages and dictate their allocation violate the Indiana Constitution.

A jury awarded John Doe $150,000 in punitive damages in his lawsuit against Rev. Jonathan Lovill Stewart for childhood sexual abuse. Stewart sought to have those damages reduced to the statutory cap of either three times the amount of the compensatory damages award or $50,000. Marion Superior Judge David Dreyer ruled in 2009 that I.C. 34-51-3-4 and -5 violate Article 3, Section 1 and Article 1, Section 20 of the state Constitution. In 2011, Dreyer issued an order declaring the cap and allocation of damages violated the separation of powers and right to jury.

In State of Indiana v. John Doe, 49S00-1201-CT-14, Justice Mark Massa provided historical background on punitive damages in Indiana and the statutes that provide the cap and allocation of damages. Under Indiana law, the victim will receive 25 percent of the damages with the remaining 75 percent going into the Violent Crime Victims Compensation Fund.

Massa pointed to Johnson v. St. Vincent Hosp. Inc., 273 Ind. 374, 381, 404 N.E.2d 585, 591 (1980), and Cheatham v. Pohle, 789 N.E.2d 467, 473 (Ind. 2003), as requiring the justices to uphold the cap and allocation provisions at issue here.

“Doe has offered no meaningful reason, and we can conceive none, why a punitive damages cap is so materially different from a compensatory damages cap as to render the former unconstitutional when the latter is not. Rather, we agree with the State that, as we have said before, the jury’s determination of the amount of punitive damages is not the sort of ‘finding of fact’ that implicates the right to jury trial under our state constitution,” Massa wrote.

In addition, the cap doesn’t offend the separation of powers. In civil litigation, “Just as the legislative branch has broad power to limit common law causes of action and remedies, including punitive damages, the judicial branch has sole authority to apply those limitations to particular cases,” Massa continued. “The cap is a public policy judgment that punitive damages in civil cases should not exceed a certain amount. As such, it is no different from a public policy judgment that the penalty for Class C felony child molesting, for example, is imprisonment for between two and eight years.”

The justices held that I.C. 34-51-3-4, -5 and -6 do not violate Article 1, Section 20 or Article 3, Section 1 of the Indiana Constitution. They remanded to the trial court to grant Stewart’s motion to reduce the punitive damages to the statutory maximum and order that 75 percent of that award go to the Violent Crime Victim Compensation Fund.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...