Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
42 U.S. Code § 14503. Limitation on liability for volunteers
The Hate Crime Statistics Act, referred to in subsec. (g)(1)(B), is Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, which was set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification as section 41305 of Title 34, Crime Control and Law Enforcement, and as provisions set out as a note under section 41305 of Title 34.
2018—Subsec. (a). Pub. L. 115–254, § 584(2), in introductory provisions, substituted “subsections (b), (c), and (e)” for “subsections (b) and (d)”.
Subsecs. (b) to (g). Pub. L. 115–254, § 584(1), (3), added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.
Subsec. (g)(2). Pub. L. 115–254, § 584(4), substituted “(f)” for “(e)”.
 See References in Text note below.