Opinion

Bryan Cooper v. Paul Morales

  • 535 F. App'x 425
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 15, 2013
Status
Unpublished
Author
Jolly
On the bench
Jolly, Prado, Higginson
Cited by
6 cases

“With the Gore factors in equipoise, we look to punitive damages rulings in factually similar cases.”

How later courts described this case

  • “With the Gore factors in equipoise, we look to punitive damages rulings in factually similar cases.”
  • $30 compensatory damages award when plaintiff suffered two fractured ribs and a dislocated elbow

Written by the judges who cited it.

The opinion

E. GRADY JOLLY, Circuit Judge,

dissenting:

I respectfully dissent. I would affirm the district court’s JMOL setting aside the jury verdict. Furthermore, I respectfully dissent from the affirmance of punitive damages. There is nothing more here than, at most an excessive force violation of the Eighth Amendment. There is no evidence to support punitive damages beyond the evidence that supports the bare Eighth Amendment claim. Finally, I respectfully dissent from the affirmance of an award 117 times greater than actual damages.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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