ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT