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Judy's Phoenix Blog

By Judy Hedding, About.com Guide to Phoenix since 2000

Arizona Proposition 102: Civil Actions

Saturday October 21, 2006
UPDATE, November 8, 2006. The voters said yes.

In November 2006 voters in Arizona will address Proposition 102, sponsored by the Arizona Legislature. That measure would prohibit a person who wins a civil lawsuit from receiving punitive damages if the person is present in this state is an illegal immigrants. Click on "Read more" to see a synopsis of the pros and cons and find more information about this ballot measure.

Poll: Will you vote in favor of Proposition 102?

1) Yes, illegal immigrants should be precluded from receiving punitive damages.
2) No, punitive damages should be assessed whenever they are warranted, no matter who the victim is.

View Poll Results

Punitive damages are awarded in excess of compensatory damages to punish the person sued for a serious wrong, and to discourage others from engaging in similar wrongful conduct. Proposition 102 would prevent someone who is in Arizona illegally from receiving punitive damages, even if they win the civil lawsuit.

Advocates of Proposition 102 say that passage of this measure would discourage illegal aliens from suing American citizens with the expectation of receiving big rewards.

Opponents of Proposition 102 say that punitive damages are how the judicial system penalizes gross negligence or willful and malicious conduct. Passage of this measure would mean that it is acceptable to commit serious crimes against certain people.

Read the exact language of Proposition 102, as well as officially posted arguments for and against the proposition.

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