Verdicts

RACE DISCRIMINATION, TITLE VII

Facts and Allegations:    Royal Smith, an African-American, applied to the Nassau County Police Department in 1982.  His initial application was denied on medical grounds.

Thereafter, he lodged several complaints regarding denial of his application, and his application was reinstated.  Mr. Smith was hired as a probationary police officer in April 1983.  In 1985, he filed the underlying action alleging Title VII and Section 1983 violations claiming that he was treated unfairly on the basis of his race while he was at the Police Academy.  Following an off-duty automobile accident involving Mr. Smith and an investigation by the Department's Internal Affairs Unit, it was determined that Mr. Smith provided false information to the New York State Department of Motor Vehicles, operated his vehicle without insurance, and committed other acts which warranted his dismissal from the County's employment.  The trial commenced on July 28, 1997.  Testifying on behalf of Nassau County was Sergeant Harold Gross, State Farm Agent Carolyn Mathieson, Nassau County Police Officer Emanuel Middy, and Victor Nigosi, who was employed by a car dealership which sold the vehicle to Mr. Smith that was involved in the accident in question.

Plaintiff complained that he was subjected to arbitrary treatment based on his race, including being required to wash cars during his lunch hour and perform menial tasks while serving in the Department, which was a precursor to the discrimination that led to the termination of his employment.  The defendants maintain that Mr. Smith, as a probationary employee, had no right to a pre-determination hearing under the Due Process Clause, as he had no property right in his probationary employment.  In addition, defendants maintain that sufficient evidence existed warranting plaintiff's dismissal from the force. 

Injuries/Damages:   Emotional Distress
Mr. Smith claimed that he suffered emotional distress, as well as lost back pay and wages in connection with his termination as a Nassau County police officer. 

Facts and Allegations:    Plaintiff alleged that defendants violated his civil rights by their racial discrimination in connection with his termination from probationary employment as a Nassau County Correction Officer.  Plaintiff, an African American male, alleged that the decision to terminate him for allegedly sleeping while on the job was motivated by racial considerations rather than in furtherance of the legitimate interests of the Correctional Center.  Plaintiff  testified that he had overheard racial epithets and contended that his treatment was more severe than similarly situated white individuals. 

Defendants at first sought and obtained the dismissal of plaintiff’s claim under 42 U.S.C. § 1983 as untimely, since action was not commenced within three years of the date of the incident.  The Court rejected plaintiff’s argument that the statute of limitations was tolled as plaintiff awaited a determination from the EEOC in connection with his administrative filing.  Defendants also demonstrated that the white individuals who were treated differently were not likewise similarly situated and that the racial epithets, even if true, did not rise to a level which would affect the decision maker who terminated plaintiff’s employment. 

  HOSTILE WORK ENVIRONMENT
 and RETALIATION

Verdict:            Defense

Case:                 Russell Davenport v. Nassau County Sheriff's Department, et al.
                     95 Civ. 3703 (ADS)

Court:            United States District Court, Eastern District, Uniondale, New York

Defense
Attorney(s):   Paul F. Millus, Esq., Snitow & Pauley, New York, NY
                     William H. Pauley, III, Esq. Snitow & Pauley, New York, NY

Facts and Allegations:
Plaintiff, an African American, was employed at the Nassau County Correctional
Center, performing duties in a program designed to rehabilitate juvenile offenders incarcerated in jail.  Plaintiff's supervisors learned, in May of 1993, that he had used a "teaching device" in the Shop Program known as the "hot seat" whereby participants in the program were stripped naked in the presence of other inmates, subjected to other ridicule, and told they could expect far worse treatment in prison.  After an investigation by the Nassau County Correctional Center, Plaintiff was suspended without pay for a period of thirty (30) days.  In September of 1995 Plaintiff commenced an action that serviced a summons and complaint alleging disparate treatment, harassment in violation of Title VII and New York Human Rights § 296.  Plaintiff also invoked 42 U.S.C. § 1983 and alleged violations of the First, Fourth, Fifth, Ninth and Fourteenth Amendments.  The complaint also purported an alleged violation of 42 U.S.C. § 1985.
Defendants proved that the evidence indicated that Plaintiff's removal from the
Shop Program did not diminish his salary, benefits, vacation eligibility or any other aspect of his employment.  In addition, there was no evidence of racial discrimination and leveling of disciplinary measures against plaintiff, considering the facts and circumstances of his actions.  As such, defendants argued that plaintiff was unable to meet even the minimum burden of establishing a prima facie case of discrimination.  The Court agreed, with Judge Spatt granting a motion pursuant to Federal Rule Civil Procedure 50, finding that complainant was not entitled to a pre-suspension hearing and thus no due process violation, and that the grievance procedures utilized satisfied his minimum due process requirement.  The Judge further found that there was simply no evidence to support any racial discrimination in connection with the actions by Nassau County.  Plaintiff's complaint was dismissed and jury was discharged.

Injuries/Damages:   Emotional distress/back pay

Trial Length:  4 days

N.B.   Defendants' motion for attorneys' fees under 42 U.S.C. § 1988 was denied by   Judge Spatt on October 30, 1998 See Davenport v. Nassau County Sheriff's   Department 22 F.Supp 2d 40 (E.D.N.Y. 1998)