Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv-01010-JBA

Document 84

Filed 03/16/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CECIL YOUNG Plaintiff, v, CITY OF BRIDGEPORT HOUSING AUTHORITY, AND COLLIN VICE, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE BRIDGEPORT HOUSING AUTHORITY AND IN HER PERSONAL CAPACITY; AND THE CITY OF BRIDGEPORT Defendants. : : : : : : : : : : : : : : :

CIVIL ACTION NO. 3:03 CV 1010 (JBA)

MARCH 14, 2005

OBJECTION TO PLAINTIFF'S PROPOSED VERDICT FORM The undersigned Defendants, City of Bridgeport Housing Authority ("BHA") and Collin Vice hereby object to Plaintiff's proposed verdict form to the extent that it provides for the imposition of punitive damages against the BHA and Collin Vice in her official capacity. Pursuant to the United States Supreme Court ruling in City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981), the BHA is not subject to an award of punitive damages because punitive damages are not expressly authorized against a governmental entity pursuant to 42 U.S.C. § 1983. Additionally, punitive damages may not be assessed against the Defendant Collin Vice in her official capacity of Executive Director of the BHA. By doing so, the Plaintiff is seeking to

Case 3:03-cv-01010-JBA

Document 84

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impose punitive damages on the BHA under the doctrine of respondeat superior. "A [governmental entity] can act only through its employees, and to permit awards of punitive damages upon [governmental entities] through the doctrine of respondeat superior would effectively vitiate the holding of Fact Concerts." Inland Mediation Board v. City of Pomona, 158 F. Supp. 2d 1120, 1159 (CDCA 2001).

THE DEFENDANTS, CITY OF BRIDGEPORT HOUSING AUTHORITY AND COLLIN VICE

By: James A. Mahar, Esq., (CT 21854) Ryan, Ryan, Johnson & Deluca, LLP 80 Fourth Street, P.O. Box 3057 Stamford, CT 06905 Phone No. 203-357-9200

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Case 3:03-cv-01010-JBA

Document 84

Filed 03/16/2005

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CERTIFICATE OF SERVICE I hereby certify that on March ___, 2005, a copy of the above was mailed to the following counsel and pro se parties of record: Barbara Brazzel-Massaro, Esq. City of Bridgeport Office of the City Attorney 999 Broad Street Bridgeport, CT 06604-4328 Thomas J. Weihing, Esq. Daly, Weihing & Bochanis 1115 Main Street Suite 710 Bridgeport, CT 06604

___________________________________ James A. Mahar, Esq.
I:\Procases\1742.008\objpltverdictform.wpd 1742.008

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