## Facts

- Debra Ciraolo was arrested in January 1997 for aggravated harassment in the second degree after a neighbor complaint arising from an apparent dispute.
- After arrest, she was taken to a police station and then Central Booking, where two female correction employees conducted a strip and visual body-cavity search (ordered to undress, bend, and cough while visually inspected).
- She spent the night in jail, was released on her own recognizance the next day, and the criminal charges were later dismissed.
- Ciraolo alleged severe emotional harm, including a diagnosis of post-traumatic stress disorder, therapy, and medication.
- The search was performed pursuant to formal City correction policies requiring strip searches of all (including all female) police prisoners arriving at the facility, without individualized reasonable suspicion.
- Ciraolo sued under 42 U.S.C. § 1983, asserting claims including that the blanket strip-search policy violated the Fourth Amendment.
- After a jury trial, she received $19,645 in compensatory damages and $5,000,000 in punitive damages against the City of New York.
- On appeal, the City challenged only the punitive-damages award.

## Issues

1. Whether punitive damages may be awarded against a municipality in an action under 42 U.S.C. § 1983 when the constitutional violation results from an official municipal policy.

## Decision

- The Second Circuit reversed the punitive-damages award against the City.
- The court held that binding Supreme Court precedent bars punitive damages against municipalities under § 1983, even when liability is based on an official policy.
- The compensatory award and underlying liability findings were not disturbed.

## Legal Principles

- Municipalities are not subject to punitive damages in § 1983 actions.
- Lower federal courts must apply the Supreme Court’s categorical bar on municipal punitive damages and may not create exceptions based on the nature of municipal fault (including policy-based violations).
- Compensatory damages remain available against municipalities for unconstitutional policies or customs, and punitive damages may be available against individual officials in appropriate cases.

## Conclusion

The Second Circuit set aside a $5 million punitive award against New York City because § 1983 does not permit punitive damages against municipalities, even where a plaintiff proves an unconstitutional municipal policy.


Ciraolo v. City of New York, 216 F.3d 236 (2d Cir. 2000)