EGBERT v. MONROE COUNTY, 14-cv-1163-SMY-DGW. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150710977
Visitors: 11
Filed: Jul. 09, 2015
Latest Update: Jul. 09, 2015
Summary: MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter comes before the Court on defendant Monroe County, Illinois ("Monroe County") and Carl D. Wuertz's (collectively "Defendants") Motion to Strike Plaintiff's Prayer for Punitive Damages (Doc. 32). Pursuant to Federal Rule of Civil Procedure 12(f), Defendants seek an order striking Plaintiff's demand for punitive damages in Count II against Monroe County and Wuertz in his official capacity. Specifically, Defendants contend pun
Summary: MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter comes before the Court on defendant Monroe County, Illinois ("Monroe County") and Carl D. Wuertz's (collectively "Defendants") Motion to Strike Plaintiff's Prayer for Punitive Damages (Doc. 32). Pursuant to Federal Rule of Civil Procedure 12(f), Defendants seek an order striking Plaintiff's demand for punitive damages in Count II against Monroe County and Wuertz in his official capacity. Specifically, Defendants contend puni..
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MEMORANDUM AND ORDER
STACI M. YANDLE, District Judge.
This matter comes before the Court on defendant Monroe County, Illinois ("Monroe County") and Carl D. Wuertz's (collectively "Defendants") Motion to Strike Plaintiff's Prayer for Punitive Damages (Doc. 32). Pursuant to Federal Rule of Civil Procedure 12(f), Defendants seek an order striking Plaintiff's demand for punitive damages in Count II against Monroe County and Wuertz in his official capacity. Specifically, Defendants contend punitive damages are not recoverable from a municipality, City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981), or a governmental official in his official capacity, Kentucky v. Graham, 473 U.S. 159, 167 (1985). Plaintiff filed her response conceding the merits of Defendants' motion
Accordingly, the Court GRANTS Defendants' Motion to Strike (Doc. 32) and STRIKES Plaintiff's demand for punitive damages in Count II of her First Amended Complaint against Monroe and Wuertz in his official capacity.
IT IS SO ORDERED.
Source: Leagle
