From Casetext: Smarter Legal Research

Lewis v. Pugh

United States Court of Appeals, Fifth Circuit
Aug 18, 2008
289 F. App'x 767 (5th Cir. 2008)
Download
PDF
Check
Treatment

Summary

upholding a $250,000 punitive damage award in case involving police officer's rape because: "First, [the officer's] conduct, utilizing a position of trust to rape and assault a vulnerable woman, is particularly reprehensible. Second, the ratio between the punitive and compensatory damages in this case is 5:1, a ratio not so disproportionate as to jar one's constitutional sensibilities. . . . Finally, the comparable criminal sanctions for [the officer's] conduct are serious, as indicated by the fact that he is currently serving a 12-year sentence for the rape and assault of [the victim]" (cleaned up)

Summary of this case from Johnson v. Holliday
See 6 Summaries

Opinion

No. 07-40662.

August 18, 2008.

Curtis B. Stuckey, Stuckey, Garrigan Castetter, Nacogdoches, TX, for Plaintiff-Appellee-Appellant.

Larry Pugh, for Defendant-Appellant.

Appeals from the United States District Court for the Eastern District of Texas (06-CV-357).

Before JONES, Chief Judge, BARKSDALE and STEWART, Circuit Judges.

Summaries of

Lewis v. Pugh

United States Court of Appeals, Fifth Circuit
Aug 18, 2008
289 F. App'x 767 (5th Cir. 2008)

upholding a $250,000 punitive damage award in case involving police officer's rape because: "First, [the officer's] conduct, utilizing a position of trust to rape and assault a vulnerable woman, is particularly reprehensible. Second, the ratio between the punitive and compensatory damages in this case is 5:1, a ratio not so disproportionate as to jar one's constitutional sensibilities. . . . Finally, the comparable criminal sanctions for [the officer's] conduct are serious, as indicated by the fact that he is currently serving a 12-year sentence for the rape and assault of [the victim]" (cleaned up)

Summary of this case from Johnson v. Holliday

upholding jury award of $50,000.00 in emotional damages

Summary of this case from Doe v. Whitebread

affirming a jury verdict of $50,000 in compensatory damages against an officer who offered a woman a ride home and then took her to an abandoned trailer and raped her

Summary of this case from Nicholson v. Delgadillo

affirming a jury verdict of $50,000 in compensatory and $250,000 in punitive damages against an officer who offered a woman a ride home and then took her to an abandoned trailer and raped her

Summary of this case from Trinidad v. City of Boston

rejecting argument that inadequate complaint policy was moving force behind police officer's rape because there was no direct causal link between policy and constitutional violation

Summary of this case from Smith v. Carruth

rejecting failure to train/supervise claim against police department after officer raped victim

Summary of this case from Smith v. Carruth
Case details for

Lewis v. Pugh

Case Details

Full title:Evelyn LEWIS, Plaintiff-Appellee-Appellant, v. Larry PUGH, Former Police…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 18, 2008

Citations

289 F. App'x 767 (5th Cir. 2008)

Citing Cases

Baker v. Holman

The Court finds that Plaintiff's evidence fails to prove that the City of Okolona endorsed a policy or custom…

Johnson v. Holliday

Additionally, "[t]he Supreme Court has articulated three factors that courts should consider in determining…

54 Citing Cases