Opinion
CIVIL ACTION NO. 03-379 c/w 03-572, SECTION "R" (5)
September 11, 2003
ORDER AND REASONS
Before the Court is the St. Bernard Parish School Board's motion to dismiss plaintiffs punitive damages claims. For the following reasons, the Court grants the defendant's motion.
I. Background
Plaintiffs allege that defendant Charles O'Neil sexually molested their minor children while the children were students at P.G.T. Beauregard Middle School. Plaintiffs assert that at the time of the alleged molestation, O'Neil was a physical education teacher at P.G.T. Beauregard. Plaintiffs allege claims under 42 U.S.C. § 1983 against O'Neil, the St. Bernard Parish School Board, and P.G.T. Beauregard's principal, Stephen "Larry" Cowan. Plaintiffs allege that the School Board and Cowan were aware of O'Neil's actions well before the acts complained of in their complaints and yet did nothing to remedy the situation. Plaintiffs contend that the defendants demonstrated deliberate indifference to the constitutional right of bodily integrity and due process of their minor children, that Cowan developed and maintained policies or customs exhibiting deliberate indifference to the constitutional rights of the P.G.T. Beauregard students, and that it was the policy and/or custom of the School Board and/or P.G.T. Beauregard to inadequately supervise and train its teachers. Plaintiffs also allege claims under Louisiana state law.
II. Discussion
Plaintiffs allege that the defendants are liable pursuant to 42 U.S.C. § 1983. 42 U.S.C. § 1983 provides in pertinent part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory of "the District "of" Columbia, "subjects", "or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress [.]Id. Plaintiffs also allege liability for negligence or gross negligence under Louisiana state law. Defendant St. Bernard Parish School Board now moves to dismiss plaintiffs punitive damages claims.
The Louisiana Revised Statutes applicable to suits against political subdivisions define "political subdivision" as "any parish, municipality, special district, school board, sheriff, . . . and other public or governmental body of any kind which is not a state agency." LA. REV. STAT. § 13:5102(B).Accordingly, the school board is a political subdivision, and the Court considers the punitive damages claims against it in light of the law applicable to local governmental entities.
Section 1983 does not allow for recovery of punitive damages against a local governmental entity. See City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981); Beasley v. St. Tammany Parish Sch. Ed., 1997 WL 382056, at *4 (E.D.La.).As a result, plaintiffs may not recover for punitive damages under Section 1983 against the St. Bernard Parish School Board in this case. The plaintiffs also claim damages under Louisiana law. Under Louisiana law, punitive damages are not recoverable absent an express statutory authorization. See Beasley, 1997 WL 382056, at *4 (citing International Harvester Credit Corp. v. Seale, 518 So.2d 1039, 1041 (La. 1988)). Plaintiffs have identified no Louisiana statute under which they are entitled to recover punitive damages. The Court therefore concludes that plaintiffs cannot recover punitive damages from defendant St. Bernard Parish School Board.
In their opposition to the defendant's motion, plaintiffs seek leave to amend their complaints should the Court dismiss their punitive damages claims. Under Federal Rule of Civil Procedure 15 (a), leave to amend "shall be freely given when justice so requires." FED. R. Civ. P. 15(a); see also Foman v. Davis, 371 U.S. 178, 182 (1962).Plaintiffs have not suggested how amendments to the complaints would cure the defects in their claims for punitive damages. Neither have plaintiffs attached proposed amendments. In deciding whether to grant leave to amend, the Court may consider the futility of amendment. See In the Matter of Southmark Corp., 88 F.3d 311, 314-15 (5th. Cir. 1996).The St. Bernard Parish School Board cannot be liable for punitive damages on the claims asserts in this lawsuit. Any amendment to the plaintiffs' complaint attempting to assert punitive damages claims would therefore be futile. Accordingly, the Court denies plaintiffs' request for leave to amend their complaints on the issue of punitive damages.
III. Conclusion
For the foregoing reasons, the Court grants defendant's motion and dismisses with prejudice all claims for punitive damages against the St. Bernard Parish School Board.