Barrett v. Orange County Human Rights Commission

194 F.3d 341, 1999 WL 958502
CourtCourt of Appeals for the Second Circuit
DecidedOctober 7, 1999
DocketDocket No. 98-7752
StatusPublished
Cited by6 cases

This text of 194 F.3d 341 (Barrett v. Orange County Human Rights Commission) 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
Barrett v. Orange County Human Rights Commission, 194 F.3d 341, 1999 WL 958502 (2d Cir. 1999).

Opinion

SACK, Circuit Judge:

In early 1997, the Orange County Human Rights Commission fired its Executive Director, the plaintiff Kevin Barrett, after a series of disputes between him and members of the Commission. Barrett brought an action in the United States District Court for the Southern District of New York (Richard C. Casey, Judge) pursuant to both 42 U.S.C. § 1983 and the New York State Constitution against the defendants Orange County Human Rights Commission and the County of Orange (together, the “municipal defendants”), and Commissioners Hubert Lee and Angela Colonna (together, the “individual defendants”), alleging that the defendants fired him from his position as Executive Director in retaliation for his “speaking out on matters of public concern.” He asserted that his termination violated the First Amendment of the United States Constitution and provisions of the New York State Constitution guaranteeing freedom of speech. A jury returned a verdict in favor of all the defendants. The district court denied Barrett’s motion for a new trial and entered judgment dismissing his complaint.

On appeal, Barrett argues that the district court made several erroneous eviden-tiary rulings that (1) deprived him of the opportunity to prove to the jury that the reasons proffered by the defendants for terminating his employment were pretex-tual and (2) permitted the defendants to establish to the jury’s satisfaction through the use of inadmissable hearsay that Barrett was terminated for legitimate reasons. Barrett also asserts that the district court was incorrect as a matter of law when it instructed the jury to return a verdict for all the defendants once it determined that the individual defendants were not liable. He argues that under Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 [344]*344L.Ed.2d 611 (1978), municipal liability need not be predicated on individual liability, and that the district court should have let the jury decide whether the municipal defendants were independently liable. Finally, Barrett contends that the district court erred when it declared sua sponte that the individual defendants were immune from suit under state law and when it instructed the jury that liability of the municipal defendants under state law could not be based on principles of respondeat superior.

We disagree with Barrett’s contention that the district court erred in its eviden-tiary rulings and we affirm the district court’s judgment, based on the jury’s finding that the individual defendants did not infringe Barrett’s federal or state constitutional rights, that they are not liable to him. We do not decide whether the jury should have been permitted to find that the individual defendants were not immune from liability on the state constitutional claim. Because the individual defendants have been found not to have infringed Barrett’s rights, their immunity is no longer of any consequence. We also do not decide whether the jury should have been permitted to find the municipal defendants liable on the state constitutional claims under the doctrine of respondeat superior. Inasmuch as the individual defendants’ conduct was found not to be wrongful, there was no misbehavior on their part for which the municipal defendants could be held vicariously liable on a respondeat superior theory. We agree with Barrett, however, that the district court erred as a matter of law when it determined that the municipal defendants’ liability was contingent upon the liability of the individual defendants. The district court should have allowed the jury to decide whether the municipal defendants were liable irrespective of the liability of the individual defendants. We therefore vacate the district court’s judgment as it relates to the municipal defendants and remand for a new trial to determine whether Barrett’s claims against them are meritorious.

BACKGROUND

The primary function of the Orange County Human Rights Commission (the “Commission”) is to receive, investigate and in appropriate circumstances prosecute complaints of human rights infringements in Orange County. Plaintiff Barrett became Executive Director of the Commission in March 1994. His responsibilities included receiving and investigating complaints of discrimination based on race, religion, or national origin and alleged violations of state human rights laws; planning and developing programs to eliminate such discrimination; and participating in public-speaking engagements and news media promotions to enhance awareness of such discrimination. As Executive Director, he also was responsible for establishing and maintaining “working relationship^]” with businesses, local governmental units, civic groups, and other professional organizations, and for organizing neighborhood groups to counter discrimination. Barrett reported directly to the Commission, although it did not supervise him on a day-to-day basis.

Defendants Lee and Colonna were members of the Commission during the relevant period of time. Lee was Acting Chair of the Commission from September 1996 until the following January, and Chair thereafter.

In August 1996, Anibal and Margarita Rodriguez alleged in a complaint to Barrett that Orange County Jail (“OCJ”) personnel had caused a dog to bite their son, severely injuring him. After performing a preliminary investigation into the allegation and deciding that the case was not within the Commission’s jurisdiction, Barrett forwarded the Rodriguez complaint together with a report of his preliminary investigation to the New York State Commission on Corrections and the Orange County District Attorney’s office. Barrett apparently did not notify or interview officials at the OCJ about the incident.

[345]*345Barrett informed the Commission about the Rodriguez case, including his report to the New York State Corrections Commission, at the Orange County Human Rights Commission’s regular monthly meeting on September 18, 1996. The Commission authorized Barrett to continue his investigation, specifically instructing him to determine why dogs were used at the OCJ, and to report his findings at the Commission’s October meeting. In conducting his investigation, Barrett did not interview the jail’s administrator or any other senior OCJ official. His October report to the Commission instead relied on an interview with “an assistant to the jail administrator.”

With Barrett’s knowledge and permission, but without Barrett giving the commissioners advance notice, a newspaper reporter attended the October meeting. The commissioners considered the reporter’s presence inappropriate because of the sensitive nature of the dog-biting incident upon which Barrett was reporting. Defendant Lee testified at trial that Barrett’s decision to allow the reporter to attend demonstrated that Barrett had “his own agenda.” At the end of the October meeting, therefore, the Commission adopted a new rule that required that the Chair be notified before any member of the public was invited to attend a Commission meeting.

The commissioners, without Barrett, visited the OCJ. During the tour, the jail administrator attempted to explain the OCJ’s use of dogs and expressed his disappointment with the manner in which Barrett had handled the Rodriguez case. The county sheriff was “concerned” that Barrett had reported the case to the press without first talking to him.

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Bluebook (online)
194 F.3d 341, 1999 WL 958502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrett-v-orange-county-human-rights-commission-ca2-1999.