Opinion
2001-05467
Argued March 12, 2002.
April 15, 2002.
In an action, inter alia, to recover damages for the violation of civil rights pursuant to 42 U.S.C. § 1983, the defendant Helen Bunt appeals from so much of a judgment of the Supreme Court, Orange County (Byrne, J.H.O.), dated May 18, 2001, as, upon a jury verdict, awarded the plaintiff punitive damages against her individually in the principal sum of $30,000.
Michael P. O'Connor, New City, N.Y., for appellant.
Benjamin Ostrer Associates, P.C., Chester, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is reversed insofar as appealed from, on the law, with costs, and the claim for punitive damages is dismissed.
Punitive damages are available in a case brought pursuant to 42 U.S.C. § 1983 "when the defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others" (Smith v. Wade, 461 U.S. 30, 56; see also Mathie v. Fries, 121 F.3d 808; Ivani Contracting Corp. v. New York City, 103 F.3d 257, cert denied 520 U.S. 1211). The evidence regarding Helen Bunt's conduct was legally insufficient to warrant an award of punitive damages against her.
RITTER, J.P., O'BRIEN, KRAUSMAN and ADAMS, JJ., concur.