While the United States Supreme Court has mandated an analysis pursuant to the factors cited above, it did not prohibit the consideration of other factors as well. See American Pioneer Life Ins. Degree of reprehensibility of the defendant's conduct. In BMW, the United States Supreme Court noted that the most important indicium of the reasonableness of a punitive damages award is the degree of reprehensibility of the defendant's conduct. In this case, there is a clear pattern of oppressive conduct by Ray Jones, who was acting in his capacity as an agent of Kmart.
Nothing is more reprehensible that a prosecution based on perjury.
Ray Jones admitted he perjured himself so that Joyce Kyles would be criminally prosecuted. This Court finds Jones's testimony suspect and gives it little weight. Jones, without legal justification, appeared, armed and in uniform, at the Plaintiff's residence and confronted her. He discovered no stolen property. Jones executed an affidavit in support of an arrest warrant for Kyles, which verified as true that Kyles and an unknown man had stolen 19 chairs from Kmart and had put them in a small red pickup truck, despite evidence to the contrary.