 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Olson v. Walker6/27/1989
ights. 189 Cal.App.3d at 1101, 234 Cal.Rptr. at 851-52. The court based its decision, in part, on the defendant's failure to identify the safeguards involved. Id. An earlier California case, however, had rejected the same argument, which was specifically based upon the number of peremptory challenges, the lack of a requirement for a unanimous verdict and the denial of a presumption of innocence. Toole, 251 Cal.App.2d at 716-17, 60 Cal.Rptr. at 417-18. The court concluded:
espondent's action, although it demanded punitive damages as part of the relief sought, was purely civil in nature. The constitutional guarantees which appellant says it was denied are applicable in criminal cases but are not controlling in purely civil actions such as the case before us. It follows that the award of penal damages made under civil rules of procedure did not violate any constitutional right of appellant.
251 Cal.App.2d at 717, 60 Cal.Rptr. at 418. A Kansas court similarly held that " he imposition of punitive damages awards, although penal in nature, does not approach the severity of criminal sanction and does not demand the same safeguards as do criminal prosecutions." Celotex Corp., 6 Kan.App.2d at 356, 629 P.2d at 206 (citation omitted).
Additionally, we believe it is significant that no governmental action resulted in the taking of Walker's property. Obviously, a state or governmental interest is served when a wrongdoer is punished and others are deterred from similar conduct. However, for due process to apply, the government must have exercised its power to further that interest, which, in this case, it did not do. This was a civil action between private parties. A jury awarded the punitive damages without any involvement by the state, other than that the award was attained through the use of the state court system. This does not, in our view, amount to governmental action.
Walker alleges that the standard for awarding punitive damages in Arizona is unclear and that there is no meaningful definition of proscribed conduct. In light of the recent evolution of punitive damages cases resulting in the application of more stringent standards and clear and convincing proof, this argument falls short. Obviously, it is not possible to list every behavior or action that may result in punitive damages. Clearly, however, egregious behavior with a substantial risk of significant harm to others may result in punitive damages. We do not agree with Walker's inference that the deterrent effect of punitive damages does not "weigh heavily." The deterrent effect is one of the primary justifications for punitive damages.
We have found no cases which hold that constitutional due process safeguards apply to civil actions involving punitive damages. For this and the other reasons explained above, we conclude the required safeguards in criminal proceedings are not constitutionally required in civil actions involving punitive damage claims. The punitive damage award does not violate due process.
B. Eighth Amendment -- Excessive Fine
The Eighth Amendment to the U.S. Constitution provides: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." Walker argues that this amendment renders the punitive damage award against him unconstitutional as an excessive fine. The U.S. Supreme Court has
clearly proclaimed that the Eighth Amendment does not apply to civil proceedings:
An examination of the history of the [Eighth] Amendment and the decisions of this Court construing the proscription against cruel and unusual punishment confirms that it
Page 1 2 3 4 5 6 7 8 9 10 11 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|