Earlier today, Greg Hamblin was kind enough to host two of our partners, Jordan Flake and Jared Richards on his podcast.
Greg was very generous in allowing me to film the podcast session1)and we appreciate it very much.
In the clip above, Mr. Richards was asked by Greg to explain how an East Cleveland man could be awarded a 22 million dollar verdict from a jury.
Specifically, Mr. Richards explains the difference between compensatory and punitive damages and how they are related.
As far as the punitive element, you have an issue because generally punitive elements need to be somewhat in line with the compensatory element. For those people that are listening that don't know, compensatory damages is just to reimburse the person for what was taken from them.
Punitive damages has nothing to do with compensating, reimbursing, awarding the victim. It has everything to do with punishing the person who has abused the victim. It has to be large enough to sting.
Listen, most cops out there are good cops.
They follow the rules.
They do the right thing.
I can't think of any justification for locking somebody in a closet for four days. I don't care what they did, that's not due process, certainly not at a traffic stop.
Again, I don't care what you did, that's not due process, that's not allowed.
That kind of police abuse needs to be addressed and this is the proper way to address it. Whether it's $12 million or some other number, I don't know, but unless you have a high compensatory, then the punitive has to be somewhat in line, generally like a multiple of three in most cases.
It's the maximum you can award.
If you don't have the $10 million component, or at least like a $4 million component, for the compensatory, you can't get to the $12 million punitive. It doesn't make that analysis fair or rational, but it does allow the punitive to stand.
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