Idaho Code
Idaho Code § 6-918 (2026)
No punitive damages.
✓ current as of May 2026
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No punitive damages.
Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1986–2022 · leading case: Paterson v. State, 915 P.2d 724 (Idaho 1996).
Paterson v. State, 915 P.2d 724 (Idaho 1996). “They argue the award is barred (1) by Paterson’s failure to file an amended complaint containing a prayer for punitive damages; (2) by I.C. § 6-918; and (3) by insufficient evidence of “willfulness.”
Jones v. City of St. Maries, 727 P.2d 1161 (Idaho 1986). “I.C. § 6-918. And governmental entities may be entitled to contribution, indemnification, and reimbursement of legal fees where "the act or omission of the employee was outside the course and scope of his [or her] employment or included malice or criminal intent.”
Olguin v. City of Burley, 810 P.2d 255 (Idaho 1991). “The City of Burley and Officers Nay and Banks moved for summary judgment, requesting the trial court to dismiss the complaint on the grounds that (1) I.C. § 6-918 (a portion of the Idaho Tort Claims Act) provided immunity to the city and the officers, (2) the officers had no…”
Hyde v. Fisher, 152 P.3d 653 (Idaho Ct. App. 2007). “The state appealed, arguing that it could not be liable for punitive damages because such damages were barred under the Tort Claims Act, I.C. § 6-918. The court noted that “[a] basic tenet of statutory construction is that when two statutes conflict, the more specific statute…”
Katt v. City of New York, 151 F. Supp. 2d 313 (S.D.N.Y. 2001). “2d 724, 732 (1996) (in Idaho Human Rights Act " 'employer' is defined to include 'any agency of or any governmental entity within the state; and any agent of such employer' ”) (construing Idaho Code § 6-918 ); Collier v. State, No.”
Greenwade v. Idaho State Tax Comm'n, 808 P.2d 420 (Idaho Ct. App. 1991). “I.C. § 6-918 states: “No Punitive Damages.”
James v. Kootenai Cnty. (D. Idaho 2022). “On November 22, 2019, the Jameses initiated this action pursuant to the Idaho Tort Claims Act, Idaho Code § 6-918 , and 42 U.S.C. § 1983.”
Darrel McCabe v. Olivia Craven (Idaho Ct. App. 2007). “The district court additionally ruled that I.C. § 6-918 prevented any award of punitive damages against the state.”
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