Opinion
01 C-9817
March 19, 2002
ORDER
The District Court has referred this matter to us for a Report and Recommendation on defendant Chicago Housing Authority's ("CHA") motion to strike part of the plaintiff's prayer for relief. Plaintiff declined to file a response to the CHA's motion. For yhe folloeing reasons, we recommend that the District Court GRANT the motion.
Davis has sued the CHA pursuant to 42 U.S.C. § 1983, alleging false arrest and imprisonment. His complaint also includes various claims brought under color of state law related to the same incident, including a Count Ill, entitled "Willful and Wanton Conduct: False Arrest and Imprisonment". Part C of the prayer for relief in Count Ill requests punitive damages.
A local public entity such as the CHA is not liable for punitive damages under Section 1983, because "an award of punitive damages against a municipality "punishes' only the taxpayers, who took no part in the commission of the tort." City of Newport v. Fact Concerts, Inc., 453 u.s. 247 (1981). The CHA itself has specifically been held immune from the imposition of punitive damages in Section 1983 cases. See Hammond v. Cicero, 822 F. Supp. 512, 516 (N.D.lll. 1993). The plaintiff has given us no reason to deviate from this holding and thus we recommend that the District Court GRANT the defendant's motion and strike part C of the prayer for relief in Count Ill of the complaint. Specific written objections to this report and recommendation may be served and filed within 10 business days from the date that this order is served. Fed.R.Civ.P. 72(a). Failure to file objections with the District Court within the specified time will result in a waiver of the right to appeal all findings, factual and legal, made by this Court in the report and recommendation. Lorentzen v. Anderson Pest Control, 64 F.3d 327, 330 (7th Cir. 1995).