Caperci v. Huntoon
| Decision Date | 11 July 1968 |
| Docket Number | No. 7092.,7092. |
| Citation | 397 F.2d 799 |
| Parties | Anthony CAPERCI et al., Defendants, Appellants, v. Earl P. HUNTOON, Jr., et al., Plaintiffs, Appellees. |
| Court | U.S. Court of Appeals — First Circuit |
Raymond F. Barrett, Quincy, Mass., with whom Stephen T. Keefe, Jr., Quincy, Mass., was on brief, for appellants.
Paul T. Smith, Boston, Mass., with whom Manuel Katz, Boston, Mass., was on brief, for appellees.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
Certiorari Denied November 12, 1968. See 89 S.Ct. 299.
Plaintiff Huntoon in October 1960 was a sergeant on the police force of the City of Quincy. A serious difference of opinion (whether personal, or in the line of duty, depends upon whose testimony one accepts) arose between him and other members of the force. On October 14 he was arrested and detained at the police station. Other members of the force, supported by a warrant, then visited his home and conducted a search. The search markedly exceeded the bounds of the warrant. Nothing was taken.
At 10:30 that evening two members of the police force, accompanied by a civilian, returned to plaintiff's home and demanded admission. Upon being admitted they searched the deep freezer in the basement. Again, nothing was taken. Later, at 1:30 a.m., a substantial number of police officers came to plaintiff's home and demanded admission. At this time they conducted a rigorous search and removed over 200 articles, ranging from shoe laces and shirts to pencils and tools. Concededly, on neither of these latter occasions did they have a warrant or any probable cause entitling them to obtain one. Much less did they have a right to enter and search, unless upon actual consent.
While plaintiff remained in custody, in his home during all three searches were his wife, the co-plaintiff herein, and a 14-year old daughter. In due course the plaintiffs brought the present action for violation of civil rights, 42 U.S.C. § 1983, against all the police officers participating. After an extensive trial the jury returned a number of special verdicts in favor of the plaintiffs to the effect that no consent had been given, and for general and punitive damages.1 On this appeal defendants briefed a number of matters, but at oral argument waived all issues except damages. This, in turn, must mean punitive damages; we perceive no other question.
On the issue of punitive damages under the Civil Rights Act of 1871 there is no great amount of authority. It is true that in Massachusetts punitive damages are not normally recoverable.2 However, we believe, on balance, that the remedial purpose of the Act is better served by not permitting local variations allowing diminution of the amount of recovery. Rather, we will look to federal common law. Basista v. Weir, 3 Cir., 1965, 340 F.2d 74; ...
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Schiller v. Strangis
...also recover punitive damages under 42 U.S.C. § 1983. See Alicea Rosado v. Garcia Santiago, 562 F.2d 114 (1st Cir. 1977); Caperci v. Huntoon, 397 F.2d 799 (1st Cir.), cert. denied, 393 U.S. 940, 89 S.Ct. 299, 21 L.Ed.2d 276 (1968). As to each individual defendant, plaintiff must prove not j......
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...1975), cert. dismissed, 429 U.S. 118 97 S.Ct. 514, 50 L.Ed.2d 269 (1976); Spence v. Staras, 507 F.2d 554, 558 (CA7 1974); Caperci v. Huntoon, 397 F.2d 799, 801 (CA1), cert. denied, 393 U.S. 940 89 S.Ct. 299, 21 L.Ed.2d 276 (1968); Mansell v. Saunders, 372 F.2d 573, 576 (CA5 1967); Basista v......
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...Civil Rights Act of 1871. Basista v. Weir, 340 F.2d 74 (3d Cir. 1965); Mansell v. Saunders, 372 F.2d 573 (5th Cir. 1967); Caperci v. Huntoon, 397 F.2d 799 (1st Cir.), cert. denied, 393 U.S. 940, 89 S.Ct. 299, 21 L.Ed.2d 276 (1968). See also Spence v. Staras, supra; Roberts v. Rowe, This cou......
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...to both equitable and legal relief, including compensatory and, under certain circumstances, punitive damages. See, e.g., Caperci v. Huntoon, 397 F.2d 799 (CA1), cert. denied, 393 U.S. 940, 89 S.Ct. 299, 21 L.Ed.2d 276 (1968); Mansell v. Saunders, 372 F.2d 573 (CA5 1967). And a backpay awar......