Colorado Department of Labor and Employment, Division of Workers' Compensation, Petitioner v. Dami Hospitality, LLC…

Summary

The court held that the Eighth Amendment’s Excessive Fines Clause protects corporations from punitive government fines and that constitutionality is assessed under a gross-disproportionality standard. It further held that ability to pay is relevant and that, where each day constitutes a separate statutory violation, proportionality must be evaluated for each daily fine rather than the aggregate amount. The court reversed and remanded for development of an evidentiary record and application of that analysis. Justice Samour, concurring in part and dissenting in part, agreed that corporations are protected but would have required review of the aggregate fine imposed.