98-2894 Calhoun v. DeTella, et al.

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“Punitive damages are awarded to punish and deter reprehensible conduct. See Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 306 n.9 (1986); Kemezy v. Peters, 79 F.3d 33, 34 (7th Cir. 1996). And in Smith v. Wade, itself an Eighth Amendment case, the Supreme Court established that punitive damages may be awarded under § 1983 upon a showing of ‘evil motive or intent, or . . . reckless or callous indifference to the federally protected rights of others.’ 461 U.S. 30, 56 (1983); see Kyle v. Patterson, 196 F.3d 695, 697-98 (7th Cir. 1999). Moreover, nothing prevents an award of punitive damages for constitutional violations when compensatory damages are not available. See Erwin v. Manitowoc County, 872 F.2d 1292, 1299 (7th Cir. 1989); Sahagian, 827 F.2d at 100. Because punitive damages are designed to punish and deter wrongdoers for deprivations of constitutional rights, they are not compensation ‘for’ emotional and mental injury. See Stachura, 477 U.S. at 306. We therefore conclude that Calhoun may pursue his claims for punitive damages as well.”

Vacated and remanded.

Appeal from the United States District Court for the Northern District of Illinois, Conlon, J., Rovner, J.