JURY AWARDS $1,210,000 TO JW FOR DISCRIMINATION

by MadApostate 21 Replies latest watchtower scandals

  • MadApostate
    MadApostate

    Is this guy Fred Hall, NYTelecom, or one of LDH's or Essie's relatives?

    ------------------------------------------------------

    [NYJW] sued his former employer, [Defendant], alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e. Proceeding pro se, [NYJW] argued his case to a jury beginning January 12, 199[8].

    On January 15, 1998 the jury returned a verdict awarding [NYJW] $210,000 in compensatory damages and $1,000,000 in punitive damages. Presently before the Court are plaintiff's motion to amend the complaint to conform to the proof at trial and [Defendant's] application to reduce the award to $300,000 under the applicable statutory scheme. For the reasons set forth below, plaintiff's motion is denied, and defendant's motion is granted in part and denied in part.

    BACKGROUND

    [NYJW] was fired from the [Defendant] on March 11, 1995. [NYJW], who is black, alleges that he was treated differently than were white employees during his employment and that he was fired and then not re-hired because of his race.

    Plaintiff brought the instant action under Title VII and represented himself during pretrial motions and at trial.

    From the evidence adduced at trial, the jury could have found that [Defendant] denied [NYJW] prompt access to medical care after he was injured in the workplace, delaying his eventual trip to the hospital by a number of hours. The jury could further have concluded that [Defendant's] actions in this regard were either motivated by plaintiff's race or by stereotypes about the behavior of persons of plaintiff's race.

    The parties further disputed the events leading up to [NYJW's] termination. While [Defendant] alleged that [NYJW] was fired because he posed a threat to his co-workers, the jury could reasonably have found that the only "source" from which [Defendant] could derive a potential threat is stereotypes about the dangers posed by large black men. While [NYJW] is, indeed, a physically large individual, no evidence was adduced to suggest that he has ever assaulted, threatened, or in any way imperiled anyone. On the contrary, the evidence suggests that [NYJW], a Jehovah's Witness minister, has devoted his adult life to activities designed to foster peace in the community.The jury could further have credited [NYJW's] account that on the date of his termination his immediate supervisor called him a "nigger," despite the supervisor's testimony that he never uses, or used, such epithets. Finally, the jury could reasonably have found that racist cartoons left in [NYJW's] locker at work were left there by [Defendant's] employees. After two days of trial and two days of deliberation, the jury returned a verdict in favor of [NYJW]. Its verdict form stated that plaintiff was entitled to $210,000 in compensatory damages and $1,000,000 in punitive damages. The jury was instructed that compensatory damages, on the facts of the case as adduced by the evidence, included past pain and suffering and past economic loss.

    After trial, [Defendant] moved to reduce the verdict to $300,000, pursuant to the limitations on damages set forth in 42
    U. S. C. § 1981a. In response, plaintiff retained counsel and moved to amend his complaint to state claims under 42 U. S. C. 5 1981 and the New York Human Rights Law, N. Y. Exec. L. S: 296,
    and to state a claim for intentional infliction of emotional distress.

    ...
    ...
    ...

    Under this precedent, then, the $300,000 cap in the present case must include both compensatory and punitive damages.

    As the jury was instructed, however, compensatory damages includes backpay. Under 5 1981a, backpay is separate from the cap and plaintiff is entitled to have any demonstrated backpay recovery excluded from the $300,000 cap. The evidence, however, does not establish plaintiff's hourly wage. No evidence was
    introduced regarding effort by [NYJW] to secure other employment nor regarding failure on his part to secure other employment. No evidence was introduced regarding any raises, for cost of living
    or for promotion, that [NYJW] would have received had he remained at [Defendant]. Under this precedent, then, the $300,000 cap in the present case must include both compensatory and punitive damages.

    As the jury was instructed, however, compensatory damages includes backpay. Under 5 1981a, backpay is separate from the cap and plaintiff is entitled to have any demonstrated backpay recovery excluded from the $300,000 cap. The evidence, however, does not establish plaintiff's hourly wage. No evidence was
    introduced regarding effort by [NYJW] to secure other employment nor regarding failure on his part to secure other employment. No evidence was introduced regarding any raises, for cost of living
    or for promotion, that [NYJW] would have received had he remained at [Defendant] until the time of trial. Thus, although the
    statute would have allowed [NYJW] to recover demonstrated backpay in addition to the $300,000 imposed by the cap, in the absence of any relevant evidence the amount of his backpay is indeterminate
    and therefore speculative. [NYJW's] total recovery from the jury's verdict is therefore $300,000. Plaintiff is also entitled to recover attorney's fees.

    ...

    Plaintiff having prevailed, he is entitled to be recompensed for the fees incurred by his counsel in defending against [Defendant's] attempt to reduce the judgment, and for the fees incurred in preparing the motion to amend the complaint.

    Accordingly, plaintiff is directed to settle a judgment on notice encompassing an award of $300,000 and a reasonable
    attorneys fee, documenting the fee arrangement and the hours
    spent by his counsel.

    The Clerk of the Court is directed to furnish a filed copy of the within to all parties, to the magistrate judge, and
    to chambers.

    SO ORDERED.

    Dated : Brooklyn, New York May 20, 1998

  • LDH
    LDH

    So lemme get this right.

    A JW files suit for racial discrimination, and is awarded a judgement based on evidence presented.

    If it was a black Mormon (OK bad example), and they were a victim of racial discrimination, how would this story have made the board?

    JWs and XJW alike are entitled to bring action in any court in their respective land. This JWer happened to win. Big Deal.

  • shecky2
    shecky2

    i'm glad he won.

  • MadApostate
    MadApostate

    I posted this for obvious reasons (that is, obvious to anyone other than LDH).

    However, I've edited the original post to blue highlight parts such as:

    1. NYJW was allowed to act as his own attorney, and present his own case to the jury.

    2. NYJW used his "JW-ness" as part of his "offense", or else this appellate judge would not have known about such.

    3. The case "boiled-down" to the NYJW's word against the word of the employer and the other employees, AND the Jury chose to believe NYJW.

  • MadApostate
  • Pathofthorns
    Pathofthorns

    I'm glad he won as well. And it would seem entirely reasonable to introduce his being a JW into his trial because JWs are generally known to be peaceable people in my experience.

    To dismiss him because he "posed a threat", and not to produce any reasons to the jury, leaves them open to the possibility he was dismissed because he was a "large black man".

    No one should have to be subjected to this sort of treatment. Unfortunately racism is alive and well and it will remain so until people understand it is not acceptable.

    Path

  • LDH
    LDH
    1. NYJW was allowed to act as his own attorney, and present his own case to the jury.

    2. NYJW used his "JW-ness" as part of his "offense", or else this appellate judge would not have known about such.

    3. The case "boiled-down" to the NYJW's word against the word of the employer and the other employees, AND the Jury chose to believe NYJW.

    Lemme skool ya, Hoof-In-Mouth
    1. In case you hadn't heard, in this country citizens are allowed to bring court action without an attorney OR defend themselves without an attorney.

    2. Try to follow this one: Out of twelve jurors, how many do you think were black JWs? Probably NOT TOO MANY. [8>] The defendent probably excused as many blacks from the jury as possible (common practice to dismiss those you feel may be inclined to believe the other side's case) Therefore, this black JW doesn't seem like he's too stupid to present arguments that convinced non-black, non-JWs jurors.

    3. So, your point is?!?!? That this person convinced not only a jury of his peers but the Appellate Judge as well? [8>] In case you HADN'T heard, Judges can vacate or modify a jury decision.

    Too bad you're ASSuming all 12 jurors were milk-toast, and the judge was just as dumb.

    As far as I (and others) can see, the only poor judgement this dude showed was in his choice of religion.

    Why don't you stick to uncovering garbage on the Borganization and leave individual JWs to lead their pitiful existence?

    You lose credibility when you attack people who are just living their lives, Mad Cow Disease.

    Try to learn.

  • waiting
    waiting

    I'm glad he won too. And it would seem crucial to his case to try and present evidence that he wasn't a threat - even though he's a "large, black man."

    Now, to show that he's a "large, black man" who's also a peaceful "Jehovah's Witness minister" would seem to help his case. And it did.

    Hope he enjoys his money and doesn't *contribute* it to build a KH - it most likely won't be appreciated by the locals. They'll think he's "uppity."

  • MadApostate
    MadApostate

    LDH:

    It is you who has ASSumed the reasons why I pointed out the 3 things that I did. Why are all your ASSumptions negative re my intentions?

    While your peanut brain is burning rubber, have you stopped to consider the "unmentioned" sterotypes here:

    1. White, corporate America is constantly trying to stick it to their own employees, if such happen to be black.

    2. All whites, including adult males, are "scared shitless" of "large black men".

    3. ALL JWs are automatically "meek, mild imitators of Christ", constantly being persecuted.

    Also, IS IT POSSIBLE, that when the (presumably) "white" supervisor testified under oath that NYJW was lying regarding his calling him a "nigger", that Supervisor was telling the truth?

    Also, IS IT POSSIBLE that NYJW could have been the one to "seed" his own locker with the racist materials? (Like that has never happened before.)

    PS: You "attempted" point about the appellate judge being able to vacate/modify the jury's decision shows lack of ..., well ...

  • MadApostate
    MadApostate

    Where is that Courthouse-Know-It-All "UTOPIAN REFORMIST" when you need him?

    OR, might 'ol U.R. be this "NYJW"?

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