Punitive damages have been permitted in certain cases to deter wrongdoers from similar conduct in the future. The Supreme Court decision in the case of "Smith vs. Wade" set the standard for the award of punitive damages by permitting punitive award on varying standards of negligence, gross negligence, recklessness, or other culpable conduct short of actual malicious intent. Numerous federal courts have addressed the applicability of "Smith v. Wade" in civil rights cases. Examination of a number of circuit court decisions shows affirmation of punitive damage awards on varying standards ranging from mere willfulness to gross recklessness. The substantive tort laws of the states will influence the application of the "Smith v. Wade" standard in each circuit. Should the application become significantly conflicting, some future Supreme Court might examine the subject again. (MLF)