HART
v.
HARDBOWER
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The district court reviewed a magistrate judge's report and recommendation regarding defendants' motion to dismiss in a civil rights case. The court adopted the magistrate judge's recommendation to deny the motion to dismiss, particularly rejecting defendants' argument that 18 U.S.C. §3626 categorically prohibits awards of punitive damages.
The court held that 18 U.S.C. §3626 does not impose a categorical prohibition on awards of punitive damages, thus denying defendants' motion to dismiss on this basis.
“does not impose a categorical prohibition on an award of punitive damages”
The court's holding regarding 18 U.S.C. §3626 and punitive damages availability
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Join FLexlaw to unlock all legal intelligencePlaintiff Hart brought a civil action against Lt. Hardbower and Officer Allen. Defendants Hardbower and Allen filed a motion to dismiss, with Allen ad…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 48). Defendants filed an objection (Doc. 49) to the Report and Recommendation, but Plaintiff did not. No response to Defendants' objection is needed.
The Court reviewed the issues raised in the objection de novo as required by 28 U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the magistrate judge's determination that Defendant Hardbower's motion to dismiss (which was adopted by Defendant Allen) should be denied on the merits. Specifically, with respect to the punitive damages claim, the Court agrees with the magistrate judge's determination that 18 U.S.C. §3626 “does not impose a categorical prohibition on an award of punitive damages.” Doc. 48 at 8; see also
Jones v. Eustice, 2024 WL 4026180, at *1 (N.D. Fla. Sept. 3, 2024) (rejecting this same argument on the merits).
Accordingly, it is ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. The motion to dismiss filed by Defendant Hardbower (Doc. 38) and adopted by Defendant Allen (Doc. 43) is DENIED.
3. This case is returned to the magistrate judge for further pretrial proceedings.
DONE and ORDERED this 15th day of October, 2024.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
2
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Hart v. Hardbower, 2024 WL 4026180 (N.D. Fla. 2024)…cally, with respect to the punitive damages claim, the Court agrees with the magistrate judge’s determination that 18 U.S.C. §3626 “does not impose a categorical prohibition on an award of punitive damages.” Doc. 48 at 8; see also Jones v. Eustice, 2024 WL 4026180, at *1 (N.D. Fla. Sept. 3, 2024) (rejecting this same argument on the merits). Accordingly, it is ORDERED that: 1. The magistrate judge’s Report and Recommendation 1s adopted and incorporated by reference in this Order. 2. The motion to di…
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Smith v. Alvarez, 2024 WL 4026180 (N.D. Fla. 2024)…filed by Defendant McCorvey and adopted by Defendant Williams should be denied. Specifically, with respect to Defendants’ argument concerning the issue of punitive damages, the motion is denied on the merits not as premature. See Jones v. Eustice, 2024 WL 4026180, at *1 (N.D. Fla. Sep. 3, 2024) (citing cases). Accordingly, it is ORDERED that: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. The motion to dismiss filed by Defendant McCorvey (D…
Authorities Cited
- Hart v. Hardbower, 2024 WL 4026180 (N.D. Fla. 2024)