Boulder Valley School District R-2 v. Price

I concur in part II of the majority opinion, affirming the Colorado Court of Appeals’ reversal of the judgment notwithstanding the verdict, and in part IV, reversing the court of appeals' determination that the verdict be modified to make the defendants jointly and severally liable. I disagree, however, with the court’s analysis in part III, in which it adopts section 13-25-127(2), 6A C.R.S. (1987), as the burden of proof governing punitive damages under 42 U.S.C. § 1983 (1988). Section 13-25-127(2) permits punitive damages only when the jury finds “beyond a reasonable doubt” that a…