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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.