CACI No. 3942

(Second Phase)

Y ou must now decide the amount, if any, that you should award [name of

plaintiff] in punitive damages. The purposes of punitive damages are to

punish a wrongdoer for the conduct that harmed the plaintiff and to

discourage similar conduct in the future.

There is no fixed formula for determining the amount of punitive

damages, and you are not required to award any punitive damages. If

you decide to award punitive damages, you should consider all of the

following factors in determining the amount:

(a) How reprehensible was [name of defendant]’s conduct? In deciding

how reprehensible [name of defendant]’s conduct was, you may

consider, among other factors:

1. Whether the conduct caused physical harm;

2. Whether [name of defendant] disregarded the health or safety

of others;

3. Whether [name of plaintiff] was financially weak or vulnerable

and [name of defendant] knew [name of plaintiff] was financially

weak or vulnerable and took advantage of [him/her/ nonbinary

pronoun/it];

4. Whether [name of defendant]’s conduct involved a pattern or

practice; and

5. Whether [name of defendant] acted with trickery or deceit.

(b) Is there a reasonable relationship between the amount of punitive

damages and [name of plaintiff]’s harm [or between the amount of

punitive damages and potential harm to [name of plaintiff] that

[name of defendant] knew was likely to occur because of [his/her/

nonbinary pronoun /its] conduct]?

(c) In view of [name of defendant]’s financial condition, what amount

is necessary to punish [him/her/ nonbinary pronoun /it] and

discourage future wrongful conduct? You may not increase the

punitive award above an amount that is otherwise appropriate

merely because [name of defendant] has substantial financial

resources. [Any award you impose may not exceed [name of

defendant]’s ability to pay.]

[Punitive damages may not be used to punish [name of defendant] for the

impact of [his/her/ nonbinary pronoun/its] alleged misconduct on persons

other than [name of plaintiff].]

New September 2003; Revised April 2004, October 2004, June 2006, April 2007,

August 2007, October 2008