Subjective Knowledge Required for Punitive Damages
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Under the Supreme Court's Kolstad decision, there must be proof of evil motive or reckless or callous indifference, meaning subjective knowledge that the defendant may be acting in violation of federal law. As a result, prior law holding that in civil rights cases requiring proof of intentional wrongdoing, the standard for punitive damages is the same as the standard for liability, are wrong. See: Iacobucci v. Boulter, 193 F.3d 14 (1st Cir. 1999).