Abrams v. Department of Public Safety

764 F.3d 244, 2014 U.S. App. LEXIS 16490, 124 Fair Empl. Prac. Cas. (BNA) 115, 2014 WL 4191178
CourtCourt of Appeals for the Second Circuit
DecidedAugust 26, 2014
DocketDocket No. 13-111-cv
StatusPublished
Cited by152 cases

This text of 764 F.3d 244 (Abrams v. Department of Public Safety) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abrams v. Department of Public Safety, 764 F.3d 244, 2014 U.S. App. LEXIS 16490, 124 Fair Empl. Prac. Cas. (BNA) 115, 2014 WL 4191178 (2d Cir. 2014).

Opinion

WESLEY, Circuit Judge:

Defendants petition for rehearing following our decision in Abrams v. Dep’t of Pub. Safety, No. 13-111-cv, 2014 WL 3397609 (2d Cir. July 14, 2014). The petition is granted, and the opinion filed July 14, 2014 is withdrawn. For the reasons that follow in our revised opinion, we AFFIRM the district court’s grant of summary judgment as to the Title VII retaliation claim pertaining to Plaintiffs Casino Unit transfer and the jury’s verdict in favor of Defendants as to the Title VII retaliation claim. We VACATE the district court’s grant of summary judgment of the Title VII race discrimination claim, as well as the corresponding race discrimination claim brought under the Equal Protection Clause pursuant to 42 U.S.C. § 1983, and REMAND for further proceedings consistent with this opinion.

On appeal, Plaintiff-Appellant Frederick M. Abrams (“Abrams”) challenges a March 31, 2012 order of the United States District Court for the District of Connecticut (Robert N. Chatigny, Judge) and a December 5, 2012 jury verdict (Charles B. Kornmann, Judge). Abrams brought claims pnder 42 U¡S.C. § 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. Against Defendant-Appellee Department of Public Safety (“DPS”), he alleges Title VII race discrimination for his failure to be transferred into the district’s Major Crimes Van (the “Van”); he also alleges that his continued failure to be transferred to the Van, as well as his transfer to the Casino Unit after his complaints about discrimination, constitute retaliation under Title VII. Against the individual Defendants-Appellees, Abrams claims a violation of the Equal Protection Clause pursuant to § 1983 for continued non-assignment to the Van.

The district court granted Defendants-Appellees’ motions for summary judgment as to the Title VII discrimination and § 1983.claims as to all individual officers. Abrams v. Dep’t of Pub. Safety, 856 F.Supp.2d 402, 411-12 (D.Conn.2012). The district court also granted summary judgment as to the Title VII retaliation claim regarding Abrams’s assignment to the Casino Unit, but denied summary judgment for retaliation regarding his continued non-assignment to the Van. Id. at 412-13.. Following a trial, a jury found for DPS on the remaining retaliation claim. On appeal, Abrams now challenges the district court’s grant of summary judgment to Defendants and the judgment in favor of DPS after trial.

BACKGROUND1

Overview of Abrams and the Van

Abrams, a black male, joined DPS in 1986. In 1990, he was made a detective in the Eastern District Major Crimes Unit (“EDMCU”), a division that houses more than thirty detectives working on major [248]*248crimes but not homicides. Homicides, at least in part, are handled by the EDMCU’s crime van (the “Van”).

The Van is a specialized unit comprised of five to six EDMCU detectives who investigate serious crimes, suspicious deaths, and homicides. Van detectives have the same pay and benefits as other detectives and no change in title, but assignment to the Van is considered an elite position occupied by the “best of the best of troopers.” (Matthews Dep. 16). Van duty is a demanding job; assigned detectives must be on call 24 hours a day, seven days a week. There is no formal application process for assignment to the Van. When an opening becomes available, interested detectives simply submit their names and resumes. Defendants Sergeant John Turner and Captain Patrick O’Hara, under the supervision of Lieutenant Colonel Steven Fields, then select a detective for the Van. Seniority is a factor in selecting among applicants; a college degree is not a prerequisite.

Abrams’s Performance Reports

Abrams has unsuccessfully sought to join the Van since 1998. He has received various reasons for his continued non-selection, including that he had a history of poor performance evaluations "with regard to written reports. While at the State Police Training Academy in 1986, Abrams underperformed in areas including report writing, knowledge of the penal code, and criminal investigations. When placed in his first assignment out of the academy, however, performance reports indicated that Abrams had made a “concerted effort and overcame these problems.” (Ex. 10, Trooper Perf. Eval. and Observ. Rep. for Oct. 1986 through Oct. 1987). In 1990, Abrams was transferred to the EDMCU, where his report writing met with differing reviews; he received occasional criticism from some supervisors, while others either noted improvement or offered positive evaluations. (Ex. 12, Trooper Perf. Eval. and Observ. Rep. for Oct. 1990 to Oct. 1991; Ex. 13, Trooper Perf. Eval. and Observ. Rep. for Oct. 1992 to Oct. 1993; Ex. 14, Trooper Perf. Eval. and Observ. Rep. for Oct. 1996 to Oct. 1997; Ex. 15, Trooper Perf. Eval. and Observ. Rep. for Oct. 1998 to Oct. 1999; Ex. 16, Trooper Perf. Eval. and Observ. Rep. for Oct. 1991 to Oct. 1992; Ex. H, Trooper Perf. Eval. and Observ. Rep. for Oct. 2005 to Oct. 2006).

Perhaps the most salient of these performance evaluations were those given by Sergeant Thomas Wakely, who supervised Abrams from 2001 to 2008-prior to and during much of the period relevant to this case. Although Wakely rated Abrams’s communication skills (which include report writing) as “unsatisfactory” in his Spring 2001 evaluation, he noted in a late 2002 evaluation that Abrams’s skills were improving. (Compare Ex. 17, Trooper Perf. Eval. and Observ. Rep. for April 2001 to June 2001, with Ex. 19, Trooper Perf. Eval. and Observ. Rep. for Nov. 2002 to Dec. 2002). The improving evaluations continued in early Spring 2003, when Wakely again noted improvement and rated Abrams’s report writing as “satisfactory.” (Ex. 20, Trooper Perf. Eval. and Observ. Rep. for Feb. 2003 to Mar. 2003). Notwithstanding a late Spring 2003 evaluation in which Wakely noted that Abrams needed improvement in his report writing, Abrams’s upward trend continued through 2008 when Wakely was replaced by Sergeant Sean Cox as Abrams’s supervisor. (Ex. 21, Trooper Perf. Eval. and Observ. Rep. for April 2003 to May 2003; Ex. 22, Trooper Perf. Eval. and Observ. Rep. for Oct. 2005 to Oct. 2006).

Applicants Selected to the Van over Abrams, 2004 to 2009

During his tenure at EDMCU, Abrams was one of no more than three black detec[249]*249tives and was the only one to ever express interest in joining the Van. From 2004 through 2009, the time period relevant to Abrams’s claims, all eight detectives selected for and assigned to the Van were white. Although some of these detectives had a college degree, which Abrams lacked, Abrams had more training and seniority than each of the detectives selected above him. The detectives’ respective qualifications are summarized briefly:

• Detective Leitkowski, assigned in 2004, possessed special forensic drawing and crime scene diagramming skills.
• Detective McFadden, assigned in 2006, possessed “strong investigatory skills” and excellent report writing (according to Turner, who recommended him).
• Detective Payette, assigned in 2007, had strong technical investigatory and electronic equipment skills, and a college degree.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
764 F.3d 244, 2014 U.S. App. LEXIS 16490, 124 Fair Empl. Prac. Cas. (BNA) 115, 2014 WL 4191178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abrams-v-department-of-public-safety-ca2-2014.