Bhat v. University of Cincinnati

23 F. App'x 280
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 3, 2001
DocketNo. 00-3529
StatusPublished
Cited by6 cases

This text of 23 F. App'x 280 (Bhat v. University of Cincinnati) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bhat v. University of Cincinnati, 23 F. App'x 280 (6th Cir. 2001).

Opinion

OPINION

PER CURIAM.

Plaintiff-appellant Dr. Geetha Bhat appeals judgment for defendants following a jury trial in this action for gender and national origin discrimination in employment. Dr. Bhat’s claims on appeal arise from the district court’s handling of a juror following a poll of the jury, during which the juror dissented from the verdict. For the following reasons, we AFFIRM.

I. BACKGROUND

On April 13, 1998, Dr. Bhat filed a complaint against the University of Cincinnati, [282]*282Richard Walsh, M.D., and John J. Hutton, M .D., alleging employment discrimination and retaliation on the basis of national origin, race, gender and age in violation of 42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Equal Pay Act, and Ohio state law. Subsequently, Dr. Bhat’s Title VII and § 1983 claims against the University and Dr. Walsh were tried to an eight-member jury beginning March 20, 2000.

On Wednesday, March 29, following oral arguments, the district court instructed the jury. The instructions included the following statements:

It is your duty as jurors to confer with one another and to deliberate with a view to reaching an agreement, if you can do so without sacrificing your individual judgment. Each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence in the case with your fellow jurors. In the course of your deliberations, do not hesitate to reexamine your own views and change your opinion, if you’re convinced it is erroneous. However, do not surrender your honest convictions as to the weight or effect of the evidence because of the opinion of your fellow jurors or for the mere purpose of returning a verdict.

(J.A. at 213). The district court submitted to the jury a special verdict that consisted of nine interrogatories on the separate liability of the University and Dr. Walsh on each claim, and six interrogatories on damages.

The jury began deliberations at 12:57 p.m. on Wednesday, March 29, 2000. On Thursday morning at 9:00 a.m., the jury foreman sent the district court a note asking for clarification of the jury instructions. (J.A. at 191). The district court conferred with counsel for the parties, and the court responded by note to the jury’s question to counsels’ satisfaction.

At 3:00 p.m. Thursday afternoon, the jury foreman sent the district court a second note asking: “If we are at an impasse, what action should we take and how long should we continue to deliberate?” (J.A. at 192). Again, the court conferred with counsel. The court informed counsel that it had prepared a draft “Allen charge”1 to be used as a supplemental instruction if the jury ultimately became deadlocked. The parties had an opportunity to review the charge, and no objections were made. Because the jury was not deadlocked, the court informed the parties that it would respond to the jury’s question by note. The court drafted a response to the question stating: “If you are at an impasse, please notify the Courtroom Deputy that you are unable to reach a verdict. You should deliberate until such time as you believe that further discussions will not be fraitful/helpful to resolve your disagreements.” (J.A. at 226). Counsel approved of the language of the note, which was delivered to the jury at approximately 4:00 p.m.

At 12:45 p.m. on Friday, March 31, the jury foreman sent the court a note stating: “A portion of our jury would like to speak to Judge Beckwith.” (J.A. at 193). The [283]*283court conferred with counsel, and responded with a note stating: “Those members of the jury who have questions or concerns for the judge should write down their questions and/or concerns on individual sheets of paper signing each. The Judge will then respond to each juror in writing.” (J.A. at 228-29, 193).

At 1:05 p.m. on Friday, the jury foreman sent the district court a note asking: “If one of the jurors refuses to adhere to the juror’s instructions and is holding up the progress, is there anything that can be done so that we can move forward?” (J.A. at 194). Also at this time, juror Mary Marrow sent the district court a note asking: “According to the Law, is each juror' required to tell all the other jurors the reason for the decisions that they made?” (J.A. at 195 (emphasis in original)).

The district court discussed the two questions with counsel on the record. The court subsequently responded to both notes with a single note stating that the jurors must share his or her opinions with the other jurors.2 The note was delivered to the jury at approximately 1:35 p.m. (J.A. at 196). At 2:50 p.m., the jury returned a unanimous verdict for the defendants. Upon polling, however, Juror No. 8, Ms. Marrow, stated “I can’t say yes, I can’t say yes” in response to the question of whether the verdict was her true and accurate verdict. (J.A. at 236).

The district court judge stated that she was inclined to speak with Ms. Marrow in chambers on the record, and invited a discussion at sidebar. At sidebar, the court asked the attorneys for suggestions in dealing with the situation. Dr. Bhat’s counsel stated that he had never experienced such a situation, and wanted to “find out what goes on.” (J.A. at 236). The court informed counsel that Juror No. 8 was the juror who had sent the court a note asking whether she had to explain her reasons for voting. The judge stated that she would like to speak to Ms. Marrow and the other jurors individually. The court noted that if Ms. Marrow did not agree with the law or did not want to follow the law, she would be obliged to removed her from the jury for cause. The attorneys requested to be present while the district court talked with Ms. Marrow, and the court agreed.

The district court called recess, and dismissed the jury except for Ms. Marrow. The district court invited the attorneys to put anything on the record, and Dr. Bhat’s counsel requested a sidebar. There, the following discussion took place:

DR. BHAT’S COUNSEL:’ Your Honor, it’s plaintiff’s position at this point that the verdict that’s been read is invalid, because of the statement of the eighth juror that is not her true and accurate verdict; that the jury ought to be reconvened in the jury room so that Juror No. 8 can resume deliberations with the other seven jurors.
[284]*284DEFENDANTS’ COUNSEL: Your Honor, she has signed it. I guess we need to talk to her to find out what’s going on. I mean, she has signed it. And as you said, it’s been published.
COURT: Okay. Anything further?
DR. BHAT’S COUNSEL: Nothing Further.
COURT: Okay. I am going to deny your request at this point, and we will proceed as previously outlined. We will have a conference in chambers with this juror to find out why she hesitates. If it then seems appropriate to resubmit the matter to the jury, we will.
On the other hand, if it seems appropriate, I may excuse her for cause, if she is not willing to follow the instructions of the Court, which seems to be the case at this point. Okay.

(J.A. at 239-40).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
23 F. App'x 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bhat-v-university-of-cincinnati-ca6-2001.