What is the test for a jury to determine whether defendants acted maliciously in denying a plaintiff's request for copies of a copy of a police report?

MultiRegion, United States of America

The following excerpt is from Sprinkle v. Robinson, No. 2:02-cv-1563-LKK-EFB P (E.D. Cal. 2014):

To obtain punitive damages, plaintiff must establish that defendants' conduct was driven by evil motive or intent or involved a reckless or callous indifference to the constitutional rights of others." Dang v. Cross, 422 F.3d 800, 807 (9th Cir. 2005). Plaintiff argues that defendants acted maliciously in denying his request for copies. Defendants claim that the jury will likely award little or no punitive damages because they will likely consider defendants' misconduct to be "at most, a mistake arising from their good-faith attempt to apply prison procedures and regulations, and complex court rules, to Sprinkle's request for copies." ECF No. 133 at 35-36. The question is appropriate for the jury to resolve.

Other Questions


What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for a court to determine whether a plaintiff has jurisdiction to bring a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a defendant acted as a result of the concealment or suppression of a plaintiff's claim? (MultiRegion, United States of America)
How have the courts interpreted the Commissioner's findings in determining whether a plaintiff was entitled to be denied access to a Defendant's personal injury? (MultiRegion, United States of America)
How have courts interpreted "motive" in determining whether a defendant acted maliciously or deliberately on federal property? (MultiRegion, United States of America)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.