newport
fact
concerts
argued
march
decided
june
respondents
organization
licensed
petitioner
city
present
certain
musical
concerts
promoter
concerts
brought
suit
federal
district
city
city
officials
alleging
inter
alia
city
cancellation
license
amounted
violation
constitutional
rights
color
state
law
respondents
sought
compensatory
punitive
damages
without
objection
gave
instruction
authorizing
jury
award
punitive
damages
defendant
including
city
verdicts
returned
respondents
addition
awarding
compensatory
damages
also
awarded
punitive
damages
individual
officials
city
city
moved
new
trial
arguing
first
time
punitive
damages
awarded
municipality
although
noting
challenge
instruction
untimely
federal
rule
civil
procedure
district
considered
rejected
city
substantive
legal
arguments
merits
appeals
affirmed
finding
city
failure
object
charge
trial
required
rule
overlooked
theory
charge
plain
error
also
expressed
belief
challenged
instruction
might
error
identified
distinct
possibility
municipalities
liable
punitive
damages
proper
circumstances
held
city
failure
object
charge
trial
foreclose
reviewing
punitive
damages
issue
district
adjudicated
merits
appeals
disagree
adjudication
interests
fair
effective
trial
administration
advanced
rule
served
refused
reach
merits
review
limited
restrictive
plain
error
standard
contours
municipal
liability
currently
state
evolving
definition
uncertainty
novelty
legal
issue
stake
counsels
unconstricted
review
addition
novel
punitive
damages
question
also
important
appears
likely
recur
litigation
municipalities
pp
municipality
immune
punitive
damages
pp
order
conclude
congress
meant
incorporate
particular
immunity
affirmative
defense
litigation
must
undertake
careful
inquiry
considerations
history
public
policy
pp
congress
enacted
generally
understood
municipality
treated
natural
person
subject
suit
wide
range
tortious
activity
understanding
extend
award
punitive
damages
common
law
indeed
courts
consistently
expressly
declined
award
punitive
damages
municipalities
nothing
legislative
history
suggests
enacting
civil
rights
act
congress
intended
abolish
doctrine
municipal
immunity
punitive
damages
anything
relevant
history
suggests
opposite
pp
considerations
public
policy
support
exposing
municipality
punitive
damages
malicious
reckless
conduct
officials
neither
retributive
deterrence
objectives
punitive
damages
significantly
advanced
holding
municipalities
liable
damages
pp
blackmun
delivered
opinion
burger
stewart
white
powell
rehnquist
joined
brennan
filed
dissenting
opinion
marshall
stevens
joined
post
guy
wells
argued
cause
filed
briefs
petitioners
leonard
decof
argued
cause
filed
brief
respondents
briefs
amici
curiae
urging
reversal
filed
john
dekker
james
brennan
henry
underhill
benjamin
brown
aaron
wilson
lamar
shelley
john
witt
george
knox
max
zall
allen
schwartz
lee
holt
burt
pines
walter
powell
roger
cutler
conrad
mattox
charles
rhyne
william
rhyne
national
institute
municipal
law
officers
edward
cooper
james
clancy
city
santa
ana
briefs
amici
curiae
filed
aclu
foundation
southern
california
et
al
fred
okrand
lynette
labinger
state
washington
et
al
kenneth
eikenberry
attorney
general
washington
malachy
murphy
deputy
attorney
general
thomas
bjorgen
assistant
attorney
general
charles
graddick
attorney
general
alabama
wilson
condon
attorney
general
alaska
robert
corbin
attorney
general
arizona
carl
ajello
attorney
general
connecticut
tany
hong
attorney
general
hawaii
linley
pearson
attorney
general
indiana
warren
spannaus
attorney
general
minnesota
michael
greely
attorney
general
montana
rufus
edmisten
attorney
general
north
carolina
leroy
zimmerman
attorney
general
pennsylvania
dennis
roberts
ii
attorney
general
rhode
island
mark
meierhenry
attorney
general
south
dakota
mark
white
attorney
general
texas
john
easton
attorney
general
vermont
chauncey
browning
attorney
general
west
virginia
john
troughton
attorney
general
wyoming
edward
thompson
ross
davis
justice
blackmun
delivered
opinion
monell
new
york
city
dept
social
services
first
time
held
local
government
subject
suit
person
within
meaning
aside
concluding
municipal
body
wholly
immune
civil
liability
occasion
explore
nature
scope
particular
municipal
immunity
statute
question
presented
case
whether
municipality
may
held
liable
punitive
damages
respondent
fact
concerts
rhode
island
corporation
organized
purpose
promoting
musical
concerts
received
permission
rhode
island
department
natural
resources
present
several
summer
concerts
fort
adams
state
park
located
city
newport
securing
approval
final
concerts
held
august
respondent
sought
obtained
entertainment
license
petitioner
city
newport
written
contract
respondent
retained
control
choice
performers
type
music
played
city
reserved
right
cancel
license
without
liability
opinion
city
interests
public
safety
demand
app
respondent
engaged
number
jazz
music
acts
perform
final
august
concerts
shortly
dates
specified
group
blood
sweat
tears
hired
replacement
previously
engaged
performer
unable
appear
members
newport
city
council
including
mayor
became
concerned
blood
sweat
tears
characterized
rock
group
rather
jazz
band
attract
rowdy
undesirable
audience
newport
record
appendix
based
concern
council
attempted
blood
sweat
tears
removed
program
monday
august
mayor
donnelly
informed
respondent
telephone
considered
blood
sweat
tears
rock
group
permitted
perform
city
experienced
crowd
disturbances
previous
rock
concerts
officials
respondent
appeared
city
council
special
meeting
next
day
explained
blood
sweat
tears
fact
jazz
band
performed
carnegie
hall
new
york
city
similar
symphony
hall
facilities
throughout
world
speaking
council
mayor
reiterated
city
condone
rock
festivals
without
attempting
investigate
either
nature
group
music
representations
made
respondent
council
voted
cancel
license
days
unless
blood
sweat
tears
removed
program
vote
received
considerable
publicity
adversely
affected
ticket
sales
later
week
respondent
informed
city
solicitor
council
changed
position
allow
blood
sweat
tears
perform
play
rock
music
thursday
august
respondent
agreed
attend
second
special
council
meeting
following
day
second
council
session
convened
afternoon
august
day
first
scheduled
performance
mayor
donnelly
informed
council
members
city
two
options
either
allow
blood
sweat
tears
perform
subject
prohibition
rock
music
cancel
concert
altogether
although
city
solicitor
advocated
first
alternative
advised
cancellation
unlawful
council
offer
first
option
respondent
instead
one
council
members
inquired
whether
provisions
contract
fulfilled
city
manager
returned
concert
site
reported
wiring
together
spectator
seats
fully
completed
auxiliary
electric
generator
place
contract
respondent
agreed
fulfill
two
conditions
part
overall
safety
procedures
app
council
voted
cancel
contract
respondent
lived
phases
agreement
council
offered
respondent
new
contract
dates
specifically
excluding
blood
sweat
tears
respondent
however
indicated
take
legal
action
original
contract
honored
meeting
adjourned
decision
revoke
respondent
license
broadcast
extensively
local
media
saturday
morning
august
respondent
obtained
state
restraining
order
enjoining
mayor
city
council
city
interfering
performance
concerts
event
including
appearance
blood
sweat
tears
took
place
without
incident
fewer
half
available
tickets
sold
respondent
instituted
present
action
district
district
rhode
island
naming
city
mayor
six
council
members
defendants
alleging
inter
alia
license
cancellation
amounted
censorship
constitutional
rights
free
expression
due
process
violated
color
state
law
respondent
sought
compensatory
punitive
damages
city
officials
two
pendent
counts
including
tortious
interference
contractual
relationships
app
conclusion
six
days
trial
district
charged
jury
respect
tortious
interference
counts
included
charge
instruction
given
without
objection
authorized
jury
award
punitive
damages
defendant
individually
based
degree
culpability
individual
defendant
app
jury
returned
verdicts
respondent
counts
awarding
compensatory
damages
punitive
damages
punitive
damages
spread
among
seven
individual
officials
awarded
city
petitioner
moved
new
trial
arguing
punitive
damages
awarded
municipality
even
award
excessive
petitioner
challenged
punitive
damages
instruction
objected
trial
district
noted
challenge
untimely
federal
rule
civil
procedure
determined
rest
decision
procedural
ground
alone
app
pet
cert
reasoning
careful
resolution
novel
question
critical
verdict
case
proceeded
consider
petitioner
substantive
legal
arguments
merits
district
recognized
monell
left
undecided
question
whether
municipalities
may
held
liable
punitive
damages
observed
however
punitive
damages
often
awarded
individual
officials
actions
found
clear
basis
distinguishing
individuals
municipalities
regard
emphasizing
general
deterrent
purpose
served
punitive
damages
awards
reasoned
municipality
payment
award
focus
taxpayer
voter
attention
upon
entity
malicious
conduct
turn
might
promote
accountability
next
election
app
pet
cert
although
noting
burden
imposed
upon
citizens
warranted
judicial
caution
area
concluded
appropriate
circumstances
municipalities
held
liable
punitive
damages
action
appeals
first
circuit
affirmed
noted
initial
matter
challenge
punitive
damages
award
flawed
due
petitioner
failure
object
charge
trial
observed
failure
overlooked
error
plain
seriously
affected
fairness
integrity
public
reputation
judicial
proceeding
found
none
factors
present
law
concerning
municipal
liability
state
flux
appellate
decision
barred
punitive
damages
awards
municipality
appeals
also
expressed
belief
challenged
instruction
might
well
error
citing
prior
holdings
effect
punitive
damages
available
defendants
recent
determination
monell
municipality
person
within
meaning
identified
distinct
possibility
municipalities
like
persons
subject
suit
may
liable
punitive
damages
proper
circumstances
importance
issue
granted
certiorari
ii
outset
respondent
asserts
punitive
damages
issue
properly
preserved
review
brief
respondents
light
rule
uncompromising
language
policies
fairness
judicial
efficiency
incorporated
therein
respondent
claims
petitioner
failure
object
charge
trial
foreclose
challenge
instruction
problem
respondent
argument
district
first
instance
declined
accept
although
punitive
damages
question
perhaps
avoided
simply
reliance
rule
upon
petitioner
procedural
default
judge
concluded
interests
justice
required
careful
consideration
novel
question
federal
law
district
reached
fully
adjudicated
merits
appeals
disagree
adjudication
interests
fair
effective
trial
administration
advanced
rule
served
refused
reach
merits
persuaded
review
limited
determining
whether
plain
error
committed
exception
rule
invoked
occasion
courts
appeals
absent
timely
objection
trial
right
specific
standard
review
exists
setting
right
review
existed
petitioner
failed
except
charge
trial
given
special
circumstances
case
limiting
review
restrictive
plain
error
standard
peculiarly
inapt
plain
error
review
rule
suited
correcting
obvious
instances
injustice
misapplied
law
interpretation
contours
municipal
liability
courts
recognized
hardly
give
rise
plain
judicial
error
since
contours
currently
state
evolving
definition
uncertainty
see
owen
city
independence
monell
see
also
maine
thiboutot
middlesex
county
sewerage
authority
national
sea
clammers
ante
undertake
review
order
resolve
one
element
uncertainty
availability
punitive
damages
scarcely
appropriate
confine
review
determining
whether
error
might
exist
sufficiently
egregious
qualify
rule
novelty
legal
issue
stake
counsels
unconstricted
review
iii
well
settled
tort
liability
created
understood
historical
vacuum
civil
rights
act
congress
created
federal
remedy
person
acting
color
state
law
deprives
another
constitutional
rights
see
monroe
pape
congress
however
expressed
intention
away
immunities
afforded
state
officials
common
law
consistently
declined
construe
general
language
automatically
abolishing
traditional
immunities
implication
procunier
navarette
imbler
pachtman
pierson
ray
tenney
brandhove
instead
recognized
immunities
varying
scope
applicable
different
officials
sued
statute
one
important
assumption
underlying
decisions
area
members
congress
familiar
principles
including
defenses
previously
recognized
ordinary
tort
litigation
likely
intended
principles
obtain
absent
specific
provisions
contrary
time
willingness
recognize
certain
traditional
immunities
affirmative
defenses
led
conclude
congress
incorporated
immunities
existing
common
law
see
scheuer
rhodes
indeed
act
designed
expose
state
local
officials
new
form
liability
defeat
promise
statute
recognize
immunity
without
determining
policies
serves
compatibility
purposes
see
imbler
pachtman
opinion
concurring
judgment
owen
city
independence
careful
inquiry
considerations
history
policy
construed
incorporate
particular
immunity
defense
since
monell
decided
three
years
ago
applied
approach
scrutinizing
claim
immunity
proffered
municipality
owen
city
independence
held
neither
history
policy
supported
construction
allow
municipality
assert
good
faith
officers
agents
defense
liability
damages
owen
however
concerned
compensatory
damages
petitioner
contends
respect
municipality
liability
punitive
damages
examination
background
policy
considerations
yields
different
result
time
congress
enacted
immunity
municipal
corporation
punitive
damages
common
law
open
serious
question
generally
understood
municipality
like
private
corporation
treated
natural
person
subject
suit
wide
range
tortious
activity
understanding
extend
award
punitive
exemplary
damages
indeed
courts
considered
issue
prior
virtually
unanimous
denying
damages
municipal
corporation
woodman
nottingham
city
chicago
langlass
city
council
montgomery
gilmer
taylor
order
hermits
augustine
county
philadelphia
clark
brightly
mcgary
president
council
city
lafayette
rob
la
judicial
disinclination
award
punitive
damages
municipality
persisted
present
day
vast
majority
jurisdictions
see
generally
mcquillin
municipal
corporations
rev
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burdick
law
torts
ed
dillon
law
municipal
corporations
ed
field
law
damages
language
opinions
instructive
reasons
behind
tradition
mcgary
example
louisiana
refused
allow
punitive
damages
city
lafayette
despite
malicious
acts
municipal
officers
violated
injunction
ordering
demolition
plaintiff
house
reasoning
officials
malice
attributed
taxpaying
citizens
community
explained
holding
violate
laws
country
disregard
authority
courts
justice
wantonly
inflict
injuries
certainly
become
thereby
obnoxious
vindictive
damages
however
never
allowed
innocent
plaintiff
recovered
present
case
evidently
vindictive
opinion
sanctioned
borne
widows
orphans
aged
men
women
strangers
admitting
must
repair
injury
inflicted
mayor
plaintiff
bound
beyond
amount
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indemnification
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officers
municipal
corporation
sustain
toward
citizens
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respects
identical
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corporation
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reason
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municipal
corporations
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performance
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benefit
liable
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acts
officers
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corporations
rationale
decisions
reiterated
numerous
jurisdictions
wilson
city
wheeling
city
spoliator
visited
vindictive
punitive
damages
city
chicago
langlass
fixing
compensation
jury
right
give
vindictive
punitive
damages
municipal
corporation
body
compensatory
way
punishment
city
council
montgomery
gilmer
taylor
municipal
corporation
upon
principle
known
us
responsible
malice
officers
towards
plaintiffs
general
courts
viewed
punitive
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sound
public
policy
awards
burden
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citizens
whose
benefit
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readily
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liability
compensate
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officers
agents
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damages
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officers
agents
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properly
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whereas
punishment
properly
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courts
thus
protected
public
unjust
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municipalities
undue
fiscal
constraints
given
municipal
immunity
punitive
damages
well
established
common
law
proceed
familiar
assumption
congress
specifically
provided
wished
abolish
doctrine
pierson
ray
nothing
legislative
debates
suggests
enacting
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rights
act
congress
intended
abolition
indeed
limited
legislative
history
relevant
issue
suggests
opposite
virtually
debate
act
looked
congress
treatment
amendment
act
introduced
senator
sherman
indicative
congressional
attitudes
toward
nature
scope
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liability
monell
initially
significant
sherman
amendment
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award
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inflicted
mob
violence
amendment
exposed
municipal
governments
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rather
proposed
municipalities
shall
liable
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full
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persons
damnified
mob
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emphasis
added
exclusion
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confirmed
representative
butler
one
amendment
chief
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responded
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floor
house
invalidity
gentleman
argument
looks
upon
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punishment
county
look
upon
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mutual
insurance
community
wrong
done
community
inhabitants
community
indemnify
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party
wrong
notwithstanding
compensatory
focus
amendment
proposed
extension
municipal
liability
met
substantial
resistance
congress
resulting
defeat
two
separate
occasions
addition
constitutional
reservations
broached
legislators
discussed
length
monell
members
chambers
also
expressed
practical
objections
notably
supporters
well
opponents
voiced
concern
extension
public
liability
might
place
unmanageable
financial
burden
local
governments
legislators
also
expressed
apprehension
innocent
taxpayers
unfairly
punished
deeds
persons
neither
knowledge
control
admittedly
objections
raised
particular
reference
threat
expansive
municipal
liability
embodied
sherman
amendment
two
concerns
without
relevance
present
inquiry
however
reflect
policy
considerations
similar
relied
upon
courts
rejecting
punitive
damages
awards
see
reason
believe
congress
opposition
punishing
innocent
taxpayers
bankrupting
local
governments
less
applicable
regard
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specter
punitive
damages
municipalities
finding
evidence
congress
intended
disturb
settled
immunity
must
determine
whether
considerations
public
policy
dictate
contrary
result
examine
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footnotes
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mayor
newport
six
members
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city
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infra
contemporary
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council
members
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fact
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compliance
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director
rhode
island
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natural
resources
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site
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manager
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wright
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