Punitive Damages Not Available In Private Suit Against Public Entity Under § 202 Of The Americans With Disabilities Act Or § 504 Of The Rehabilitation Act

In Barnes v. Gorman, 122 S.Ct. 2097 (2002), the United States Supreme Court considered whether punitive damages may be awarded in a private cause of action against a public entity for violations of § 202 of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act of 1973.

Facts

Jeffrey Gorman, a paraplegic who was arrested for trespass, suffered injuries during his transport to the police station because the van was not equipped to secure his wheelchair. Gorman brought suit against the board of police, the police chief, and the officer who drove the van, alleging they had discriminated against him on the basis of his disability in violation of the ADA and the Rehabilitation Act because they did not have proper policies or equipment to deal with the arrest of persons with spinal cord injuries. A jury found in favor of Gorman and awarded him both compensatory and punitive damages.

The Supreme Court Decision

Section 202 of the ADA prohibits public entities from discriminating against the disabled, and section 504 of the Rehabilitation Act prohibits recipients of federal funds, including private organizations, from discriminating against the disabled. The Supreme Court held that punitive damages may not be awarded in suits brought under either section. The Court noted that the remedies available under both sections are coextensive with those available for a private cause of action under Title VI of the Civil Rights Act of 1964, “which prohibits racial discrimination in federally funded programs and activities.” Monetary damages are available under Title VI. However, the Court concluded that punitive damages are not available because recipients of Title VI funds have not “implicitly consented to liability for punitive damages.” Furthermore, the Court determined that, when a recipient violates the conditions placed upon the grant of federal funds, the result is that the recipient fails to comply with its contractual obligations. The remedy for breach of contract is the payment of compensation for the loss caused by the breach. Punitive damages are not appropriate in this context, because they do not compensate for financial loss, but are intended as a punishment.