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CORNWELL v. CITY OF RIVERSIDE

No. 88-6593.

896 F.2d 398 (1990)

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.

United States Court of Appeals, Ninth Circuit.

Decided February 15, 1990.

Attorney(s) appearing for the Case

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-appellees.

Before CHAMBERS, FARRIS and NOONAN, Circuit Judges.

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...

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