Ditullio v. Boehm
662 F.3d 1091
| 9th Cir. | 2011Background
- Boehm pled guilty in November 2004 to conspiracy to commit sex trafficking of minors and conspiracy to distribute controlled substances to persons under 21, admitting recruitment of minors and trafficking activities from 2001 to December 22, 2003.
- Ditullio identifies as a victim named in Boehm's plea and sues under TVPA for compensatory and punitive damages, seeking over $5 million and up to $20 million in punitive damages plus costs and fees.
- The district court denied Ditullio's summary judgment and Boehm's Rule 12(c) motion; it certified two questions for interlocutory appeal about punitive damages and retroactivity of §1595.
- The Ninth Circuit held that TVPA §1595 creates a tort-like private remedy permitting punitive damages and that §1595 cannot be applied retroactively to pre–December 19, 2003 conduct.
- The case was remanded to resolve whether Boehm committed post-enactment conduct violating the TVPA, with costs awarded to the parties on appeal, and a dissenting opinion argued against recognizing punitive damages under §1595.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are punitive damages available under TVPA §1595? | Ditullio contends punitive damages are recoverable as part of a tort-like TVPA civil action. | Boehm contends §1595 does not authorize punitive damages and was not intended to create new liability beyond compensatory damages. | Yes; punitive damages are available under §1595. |
| Can §1595 be applied retroactively to pre–enactment conduct? | §1595 should apply to continuing conduct that extended past the effective date. | Applying §1595 retroactively would impose new burdens for pre-enactment conduct. | No; §1595 cannot be retroactively applied to pre–December 19, 2003 conduct. |
| Does the continuing violation theory defeat the Landgraf retroactivity presumption for §1595? | Ditullio argues a continuing violation theory allows post-enactment liability for post-2003 conduct. | The continuing violation theory does not overcome the presumption against retroactivity for a new damages provision. | No; continuing violation theory cannot defeat retroactivity for §1595. |
Key Cases Cited
- Landgraf v. USI Film Prods., 511 U.S. 244 (U.S. 1994) (time-of-enactment retroactivity framework; new damages provisions have retroactivity risk)
- Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (U.S. 1992) (courts may award appropriate relief under federal statutes absent clear congressional direction)
- Smith v. Wade, 461 U.S. 30 (U.S. 1983) (punitive damages under §1983; look to common law for remedies)
- Carey v. Piphus, 435 U.S. 247 (U.S. 1978) (foundational common-law damages framework for constitutional violations)
- Hague v. Comm. for Indus. Org., 101 F.2d 774 (3d Cir.1939) (loss of political rights sounds in tort; punitive damages possible)
- Basista v. Weir, 340 F.2d 74 (3d Cir.1965) (federal common law governs damages in §1983 actions for uniformity)
- Yamaguchi v. United States Dep't of the Air Force, 109 F.3d 1475 (9th Cir.1997) (continuing violation theory; affects retroactivity analysis under Landgraf)