Doe ex rel. Doe v. B.P.S. Guard Services

Eighth Circuit

Doe ex rel. Doe v. B.P.S. Guard Services

5 F.3d 347, 1993 WL 374128

CourtCourt of Appeals for the Eighth Circuit

DecidedSeptember 27, 1993

DocketNos. 93-1043, 93-1047

StatusPublished

This text of 5 F.3d 347 (Doe ex rel. Doe v. B.P.S. Guard Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Doe ex rel. Doe v. B.P.S. Guard Services, 5 F.3d 347, 1993 WL 374128 (8th Cir. 1993).

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Opinion

PER CURIAM.

This is a second appeal following our earlier remand to the district court, see Doe v. B.P.S. Guard Services, Inc., 945 F.2d 1422, 1428 (8th Cir.1991), to review the award of punitive damages in light of a recent Supreme Court decision relating to the constitutionality of a state procedure-in awarding punitive damages. See Pacific Mut. Life Ins. Co. v. Haslip, 499 U.S. 1, 111 S.Ct. 1032, 113 L.Ed.2d 1 (1991); see also TXO Prod. Corp. v. Alliance Resources Corp., — U.S. —, 113 S.Ct. 2711, 125 L.Ed.2d 366. (1993). This court’s remand was based upon the constitutional guidelines relating to punitive damages as set forth in the Haslip case. See Haslip, 499 U.S. at 17-21, 111 S.Ct. at 1043-45. On remand, the district court granted remittitur of the punitive damages award to $10,000 for each plaintiff based upon the court’s analysis that the reduced award more reasonably reflected a relationship between the actual injury and the punitive damage award. Although the district court did not specifically discuss the constitutionality of the Missouri procedure, we find that the analysis made by the district court, and as now reviewed by this court, meets the constitutional standards set forth in Haslip and TXO.

The judgment of the district court is hereby affirmed.

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PER CURIAM.

This is a second appeal following our earlier remand to the district court, see Doe v. B.P.S. Guard Services, Inc., 945 F.2d 1422, 1428 (8th Cir.1991), to review the award of punitive damages in light of a recent Supreme Court decision relating to the constitutionality of a state procedure-in awarding punitive damages. See Pacific Mut. Life Ins. Co. v. Haslip, 499 U.S. 1, 111 S.Ct. 1032, 113 L.Ed.2d 1 (1991); see also TXO Prod. Corp. v. Alliance Resources Corp., — U.S. —, 113 S.Ct. 2711, 125 L.Ed.2d 366. (1993). This court’s remand was based upon the constitutional guidelines relating to punitive damages as set forth in the Haslip case. See Haslip, 499 U.S. at 17-21, 111 S.Ct. at 1043-45. On remand, the district court granted remittitur of the punitive damages award to $10,000 for each plaintiff based upon the court’s analysis that the reduced award more reasonably reflected a relationship between the actual injury and the punitive damage award. Although the district court did not specifically discuss the constitutionality of the Missouri procedure, we find that the analysis made by the district court, and as now reviewed by this court, meets the constitutional standards set forth in Haslip and TXO.

The judgment of the district court is hereby affirmed.

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5 F.3d 347, 1993 WL 374128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-ex-rel-doe-v-bps-guard-services-ca8-1993.

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