Fetus Cornwell, & Brenda Cornwell v. City of Riverside, & Carmen Andrade Gary Crawford Benjamin Reiser Jackie Bell Richard Bradley, 896 F.2d 398 (9th Cir. 1990). · Go Syfert
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Fetus Cornwell, & Brenda Cornwell v. City of Riverside, & Carmen Andrade Gary Crawford Benjamin Reiser Jackie Bell Richard Bradley, 896 F.2d 398 (9th Cir. 1990). Cases Citing This Book View Copy Cite
28 citation events (2 in the last 25 years) across 5 distinct courts.
Strongest positive: Saldana-Sanchez v. Lopez-Gerena (ca1, 2001-07-12)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Statutes interpreted (leading-cases list)
#1 15 U.S.C. § 78dd-2(g)(3) cited 1× in this case · 1 total citations of statute
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Saldana-Sanchez v. Lopez-Gerena
1st Cir. · 2001 · confidence medium
See, e.g., O’Neill v. Krzeminski, 839 F.2d 9 , 13 (2d Cir.1988) (holding that municipality’s indemnification agreement with defendant constituted a waiver of its City of Newport immunity); Cornwell v. City of Riverside, 896 F.2d 398, 399-100 (9th Cir.1990) (holding that City of Newport did not bar municipality from deciding to pay a punitive damages judgment for an official pursuant to a state statute that allowed, but did not require, municipalities to pay such damages); see also Bell, 746 F.2d at 1271-72 (holding that state indemnification statute waived municipality’s immunity from pu…
examined Cited as authority (rule) Hernandez v. Gates (3×) also: Cited "see, e.g."
C.D. Cal. · 2000 · confidence medium
The Court further observed that under California case law, indemnification is discretionary (Cornwell v. City of Riverside, 896 F.2d 398, 399 (9th Cir.), cert. denied 497 U.S. 1026 , 110 S.Ct. 3274 , 111 L.Ed.2d 784 (1990)) and that whether a municipality “ ‘reaches a different result as to the good faith of the officers than a federal jury is not decisive: the City is not bound by the jury’s findings when it makes its decision to indemnify.’ ” Id. (citing Cornwell, 896 F.2d at 399 ).
discussed Cited as authority (rule) Trevino v. Gates
9th Cir. · 1996 · confidence medium
First, a municipality’s payment of punitive damages under Cal. Govt.Code § 825(b) does not violate federal law. 1 Cornwell v. City of Riverside, 896 F.2d 398, 399 (9th Cir.), cert. denied, 497 U.S. 1026 , 110 S.Ct. 3274 , 111 L.Ed.2d 784 (1990).
discussed Cited as authority (rule) 45 Fed. R. Evid. Serv. 1143, 96 Cal. Daily Op. Serv. 8007, 96 Daily Journal D.A.R. 13,300 Johanna Trevino v. Daryl Gates Tom Bradley Tom Reddin Roger Murdock Ed Davis Herbert Boeckmann James Fisk Stephen Gavin Maxwell Greenberg Elbert Hudson Marguerite Justice Emmett McGaughey Salvador Montenegro Barbara Schlei Robert Talcott Reva Tooley Robert Weil Samuel Williams Stephen Yslas Lapd Officers Jerry Brooks Joseph Callian Warren Sirk Richard Spellman Gary Strickland James Tippings Richard Zierenberg Manuel Avila Charles Bennett Brian Davis John Fruge Joseph Freia E.T. Guiza Peter Sanchez Reginald Weaver James Toma C.S. Winston Philip Wixon Gary Zerbey Joel Wachs Joy Picus John Ferraro Zev Yaroslavsky Ruth Galanter Ernani Bernardi Nate Holden Marvin Braude Hal Bernson Michael Woo Joan Flores One Hundred Unknown Named Employees or Officials of the City of Los Angeles, All in Both Their Individual and Official Capacities City of Los Angeles, Johanna Trevino v. Daryl F. Gates, Chief of Police Tom Bradley Tom Reddin Roger Murdock Ed Davis Herbert Boeckmann James Fisk Stephen Gavin Maxwell Greenberg Elbert Hudson Marguerite Justice Emmett McGaughey Salvador Montenegro Barbara L. Schlei Robert Talcott Reva B. Tooley Robert Weil Samuel L. Williams Stephen D. Yslas Jerry Brooks Joseph Callian Warren Eggar David B. Harrison John Helms Michael Sirk Richard Spellman Gary Strickland James Tippings Richard Zierenberg Manuel Avila Charles Bennett Brian Davis John Fruge Joseph Freia E.T. Guiza Peter Sanchez Reginald Weaver James Toma C.S. Winston Philip Wixon Gary Zerbey Joel Wachs Joy Picus John Ferraro Zev Yaroslavsky Ruth Galanter Ernani Bernardi Nate Holden Marvin Braude Hal Bernson Michael Woo Joan Milke Flores One Hundred Unknown Named Employees/officials of the City of Los Angeles, All in Both Their Individual and Official Capacities City of Los Angeles
9th Cir. · 1996 · confidence medium
"In the absence of binding precedent, we look to all available decisional law." Id. (citations and internal quotations omitted). 16 A survey of the legal landscape demonstrates that the law is not sufficiently clear that a reasonable Councilmember would understand that payment of punitive damages violates any constitutional right either now or prior to the fatal shooting. 17 First, a municipality's payment of punitive damages under Cal. Govt.Code § 825(b) does not violate federal law. 1 Cornwell v. City of Riverside, 896 F.2d 398, 399 (9th Cir.), cert. denied, 497 U.S. 1026 , 110 S.Ct. 3274 ,…
examined Cited as authority (rule) Keiko Larez, and v. William Holcomb, and Cross-Appellee (4×)
9th Cir. · 1994 · confidence medium
The fact that "taxpayers have decided through their representatives that it is to their benefit as taxpayers to help out the officers," Cornwell v. Riverside, 896 F.2d 398, 400 (9th Cir.1990), is irrelevant to the determination of a suitable award.
cited Cited as authority (rule) Golden State Transit Corp. v. City of Los Angeles
C.D. Cal. · 1991 · confidence medium
California cannot set up a policy subversive of that law.” Cornwell v. City of Riverside, 896 F.2d 398, 399 (9th Cir.), cert. denied, — U.S. -, 110 S.Ct. 3274 , 111 L.Ed.2d 784 (1990).
discussed Cited "see" Trevino v. Gates
C.D. Cal. · 1995 · signal: see · confidence high
See Cornwell v. City of Riverside, 896 F.2d 398, 399 (9th Cir.), cert. denied, 497 U.S. 1026 , 110 S.Ct. 3274 , 111 L.Ed.2d 784 (1990) (noting that a city is not bound by jury's finding when it makes its decision to indemnify). 3 .
cited Cited "see" Trevino ex rel. Cruz v. Gates
9th Cir. · 1994 · signal: see · confidence high
See Cornwell v. City of Riverside, 896 F.2d 398, 400 (9th Cir.1990).
cited Cited "see" Trevino v. Gates
9th Cir. · 1994 · signal: see · confidence high
See Cornwell v. City of Riverside, 896 F.2d 398, 400 (9th Cir.1990). 14 We reject this argument.
Retrieving the full opinion text from the archive…
Fetus CORNWELL, Plaintiff, and Brenda Cornwell, Plaintiff-Appellant,
v.
CITY OF RIVERSIDE, Defendant, and Carmen Andrade; Gary Crawford; Benjamin Reiser; Jackie Bell; Richard Bradley, Defendants-Appellees
88-6593.
Court of Appeals for the Ninth Circuit.
Feb 15, 1990.
896 F.2d 398
Stephen Yagman, Yagman & Yagman, Venice, Cal., for plaintiff-appellant., John M. Porter, Roberts & Morgan, Riverside, Cal., Adams, Duque & Hazeltine, Richard R. Terzian, Margaret L. Oldendorf, Los Angeles, Cal., for defendants-appel-lees.
Chambers, Farris, Noonan.
Cited by 14 opinions  |  Published
NOONAN, Circuit Judge:

This appeal from an order of the district court staying the collection of damages in a civil rights case presents a new question of law: Can a plaintiff successful in an action under 42 U.S.C. § 1983 and awarded punitive damages by the jury compel their payment to be made by the individual defendants rather than by the city that employed them? We agree with the district court that there is no federal prohibition against the city paying the punitive damages.

FACTS

Brenda Cornwell brought a successful civil rights action against five police officers employed by the city of Riverside, California. In addition to general damages, the jury awarded punitive damages which, by remittitur, were reduced to a total of $45,000.

Under a California statute enacted in 1985 a public entity other than the state is authorized to pay punitive damages awarded against its employees if the public entity finds that the employees were acting within the course of their employment, in good faith and “in the apparent best interests of the public entity,” and the payment would be “in the best interests of the public entity.” Cal.Gov.Code § 825(b) (West Supp. 1986-1990). When the City of Riverside offered to pay the punitive damages assessed against the officers, Cornwell refused to accept them. The court then stayed execution of the judgment against the individual officers, the stay to be in effect until after a decision by this court on the appeal from the order.

ANALYSIS

Cornwell has constructed an ingenious argument based largely on quotation from City of Newport v. Facts Concerts, Inc., 453 U.S. 247, 101 S.Ct. 2748, 69 L.Ed.2d 616 (1981). That case held that a city was immune from punitive damages under the Civil Rights Act. In the course of reaching this conclusion the Court pointed out that the malice of the city’s employees “should not be attributed to the taxpaying citizens of the community.” Id. at 261, 101 S.Ct. at 2756. It further noted that under the ordinary principles of retribution, “it is the wrongdoer himself who is made to suffer for his unlawful conduct” and that an award of punitive damages against a municipality “ ‘punishes’ only taxpayers, who took no part in the commission of the tort.” Id. at 266-67, 101 S.Ct. at 2756. Developing these statements, Cornwell argues that there is a federal policy that forbids the payment of punitive damages by a municipality.

There is no doubt that the damages awardable under 42 U.S.C. § 1983 are a matter of federal law. California cannot set up a policy subversive of that law. But City of Newport does not establish a federal policy prohibiting a city from paying punitive damages when the city finds its employees to have acted without malice and when the city deems it in its own best interest to pay. That the city reaches a different result as to the good faith of the officers than a federal jury is not decisive: the city is not bound by the jury’s findings when it makes its decision to indemnify.

An analogous case is whether public policy should prohibit insurance coverage of[*400] punitive damages in civil rights actions brought against municipal officers. A number of courts have held that absent specific legislation such coverage does not violate public policy. 1 J. Ghiardi & J. Kircher, Punitive Damages § 7.12 (1985). We find no federal law prohibiting California cities from acting under the authority conferred by the California legislature. When Congress has wanted to prohibit payment of damages on behalf of one person by another it has known how to do so with express language. See Foreign Corrupt Practices Act, 15 U.S.C. § 78dd-2(g)(3) (corporation may not pay fine of its officers penalized under the act). Congress has enacted no such provision here.

What the Supreme Court has said in City of Newport is not addressed to the exercise of the authority conferred by the California legislature. It is well argued on behalf of Cornwell that a prohibition on indemnification would be in harmony with the Court’s analysis of punitive damages. Such a result, however, is not compelled by what the Court has said. When the city decides that it is in its best interest to pay, the taxpayers have decided through their representatives that it is to their benefit as taxpayers to help out the officers. As Judge Fernandez pointed out in the trial court, there is still a substantial sting to punitive damages awarded against the individuals.

If § 1983 were construed to prohibit a municipality from paying punitive damages, there would be occasions when civil rights plaintiffs would go unsatisfied because the individual defendants lack the assets to pay. If § 1983 were construed to mean that the successful plaintiff had the option to accept or reject punitive damages that the municipality was paying on behalf of employees, the plaintiff would have an extraordinary weapon with which to negotiate with individual defendants. We do not believe we should add an additional remedy to those already provided the civil rights plaintiff.

AFFIRMED.