'Sbplaintiff's Fourth Proof Of Service Memorandum By Jennifer A. Dunkley (attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(jlh) (entered: 06/01/2023)'
'Sbnotice Of Witnesses By Jennifer A. Dunkley (jlh) (entered: 06/01/2023)'
'Sborder To Show Cause. The Court Notes That Each Party Has Proposed A Jury Instruction For Punitive Damages Under 7th Cir. P. I. No. 313. However, Idhs, An Agency Of The State Of Illinois, Is The Only Remaining Defendant In This Case, And Committee Comment (b) To 7th Cir. P. I. No. 313 Provides That "[p]unitive Damages Are Not Available Against A Government, Government Agency, Or Political Subdivision." When Stating This Proposition, Committee Comment (b) Cites 42 U.s.c. § 1981a(b)(1), Which Provides "[a] Complaining Party May Recover Punitive Damages Under This Section Against A Respondent (other Than A Government, Government Agency Or Political Subdivision) If The Complaining Party Demonstrates That The Respondent Engaged In A Discriminatory Practice Or Discriminatory Practices With Malice Or With Reckless Indifference To The Federally Protected Rights Of An Aggrieved Individual." 42 U.s.c. § 1981a(b)(1) (emphasis Added.). This Principle Has Been Reviewed Extensively By The Courts Of The Seventh Circuit. See, E.g., Passananti V. Cook County, 689 F.3d 655, 677 (7th Cir. 2012); Baker V. Runyon, 114 F.3d 668, 669 (7th Cir. 1997); Odogba V. Wisconsin Dept. Of Justice, 22 F. Supp. 3d 895, 913 (e.d. Wisc. 2014); Zeigler V. County Of Peoria, No. 16-cv-1022, 2016 Wl 3264357, *2 (c.d. Ill. June 14, 2016); Walker-dabner V. Dart, No. 15-cv-942, 2015 Wl 9259883, *6 (dec. 18, 2015); Sommerfield V. City Of Chicago, No. 8-cv-3025, 2013 Wl 4047606, *15 (n.d. Ill. Aug. 9, 2013). In Light Of These Authorities, Each Party Is Ordered To Show Cause, On Or Before Monday, June 5, 2023, At 9:00 A.m., As To Whether Plaintiff's Claim(s) For Punitive Damages Should Be Stricken And The Evidence Related Thereto Barred From The Upcoming Trial. Signed By Judge David W. Dugan On 6/1/2023. (jnh)this Text Entry Is An Order Of The Court. No Further Documentation Will Be Mailed. (entered: 06/01/2023)'
Case number 3:18-cv-02189-DWD was filed in the U.S. District Court for the Southern District of Illinois on Dec. 19, 2018.