Doreen Pino v. Raymond Locascio, New York Hospital, Cornell Medical Center, Westchester Division

101 F.3d 235, 1996 U.S. App. LEXIS 30969, 72 Fair Empl. Prac. Cas. (BNA) 875
CourtCourt of Appeals for the Second Circuit
DecidedNovember 25, 1996
Docket397, Docket 96-7388
StatusPublished
Cited by132 cases

This text of 101 F.3d 235 (Doreen Pino v. Raymond Locascio, New York Hospital, Cornell Medical Center, Westchester Division) 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
Doreen Pino v. Raymond Locascio, New York Hospital, Cornell Medical Center, Westchester Division, 101 F.3d 235, 1996 U.S. App. LEXIS 30969, 72 Fair Empl. Prac. Cas. (BNA) 875 (2d Cir. 1996).

Opinion

McLaughlin, Judge,

Defendant appeals from an order of the United States District Court for the' Southern District of New York (Brieant, J.) awarding plaintiff attorney’s fees and costs in the amount of $55,438.29, even though a jury awarded Plaintiff only $1.00 in nominal damages.

BACKGROUND

In May 1989, Doreen Pino (“Pino”) was hired as a clerk in the Patient Finance Department of The New York Hospital, West-chester Division (the “Hospital”). Her department was staffed entirely by females and was supervised by Raymond Loeascio (“Lo-cascio”). In August 1994, after the birth of her second child, Ms. Pino decided to leave the Hospital. During her exit interview, Pino complained of sexual harassment by Loeascio, and added that someday someone might sue.

The Hospital’s Human Resources Manager immediately began an investigation of Locas-cio and discovered substantial proof that he had indeed harassed Pino and other women in the Department over a long period of time. Two weeks after Pino’s exit interview, the Hospital placed Loeascio on a month-long leave of absence, and then transferred him to its New York City facilities, stripping him of any supervisory authority and cutting his salary in half. Loeascio soon resigned from the Hospital.

In January 1995 — more than three months after Loeascio resigned — Pino sued Loeascio and the Hospital in the United States District Court for the Southern District of New York (Brieant, /.). Her complaint alleged: (1) sexual harassment (hostile work environment) in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq.; (2) constructive discharge, also in violation of Title VII; and (3) retaliation in violation of both Title VII and § 296 of the New York Executive Law (“Human Rights Law”). Pino sought $5 million in actual damages and $10 million in punitive damages from the Hospital. She also sought $1 million in actual damages and $5 million in punitive damages from Loeascio. -In addition, she asked for declaratory and injunctive relief in the form of an order requiring the Hospital to establish a procedure for reporting and dealing with sexual harassment. Lastly, and most importantly for present purposes, Pino asked for reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 2000e-5(k).

After several months of discovery, Pino voluntarily dismissed her claims against Lo-cascio. The parties continued discovery regarding Pino’s claims against the Hospital.

*237 In December 1995, the Hospital attempted to settle the case. Pino demanded $300,000, plus attorney’s fees. The Hospital offered $150,000 — $75,000 for Pino and $75,000 in attorney’s fees. The Hospital’s offer required that the settlement remain confidential and provided for 18 monthly payments to Pino. Pino rejected this offer.

In early January 1996, just prior to jury selection, the district court suggested that the Hospital modify its offer and give Pino the $75,000 in a lump sum. The Hospital complied with the Court’s request, but Pino rejected this offer too, demanding $150,000 plus attorney’s fees. Negotiations collapsed and the case went to trial.

On the first day of trial Pino withdrew her constructive discharge and retaliation claims as well as her requests for injunctive and declaratory relief. Thus, Pino’s only remaining claim was the hostile environment sexual harassment charge. At the end of the case, Pino’s counsel withdrew Pino’s claim for emotional distress damages on the sexual harassment charge. In summation, Pino’s counsel asked the jury for $600,000 in compensatory damages.

After deliberating for less than an hour, the jury asked the court whether it was required to award Pino damages if it found the Hospital liable. Over the Hospital’s objection, Judge Brieant instructed the jury that if it found that Pino had been sexually harassed, but had failed to prove damages, it was required to award Pino at least $1.00 in nominal damages. Five minutes later, the jury returned a verdict for Pino and awarded her $1.00 in nominal damages.

A few days after the jury’s verdict, the Hospital’s administrator, Fred Raines, resigned. The Hospital claims Raines’ resignation was the result of an administrative restructuring by the Hospital’s new medical director and had nothing to do with Pino’s trial. Pino sees it differently. She argues that the resignation was the direct result of the verdict she got . against the Hospital. The district court made no finding on this issue.

Pino’s attorney then sought $92,029.50 in attorney’s fees and $4,842,49 in costs. The district court concluded that attorney’s fees were proper because the trial “confer[ed] a generalized benefit on the public and vindicated the rights of this particular plaintiff.” The district court cited our decision in Cowan v. Prudential Insurance Company of America, 935 F.2d 522 (2d Cir.1991), as support for awarding Pino fees and costs. It did not, however, cite the Supreme Court’s later decision in Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). The court reduced Pino’s request to eliminate the time spent on unsuccessful claims and awarded Pino $50,590.80 in attorney’s fees and $4,842.49 in costs.

The Hospital now appeals the district court’s award of attorney’s fees arguing that, under Farrar, attorney’s fees are inappropriate when a plaintiff wins only nominal damages.

DISCUSSION

There is only one issue presented here: Did the district court abuse its discretion by awarding attorney’s fees and costs to a plaintiff who recovered only nominal damages? We conclude that the Supreme Court substantially answered this question in Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992).

42 U.S.C. § 2000e-5(k) provides that “[i]n any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party .... a reasonable attorney’s fee_” 42 U.S.C. § 2000e-5(k). We review a trial court’s decision to award attorney’s fees to a prevailing party for an abuse of discretion. LaRouche v. Kezer, 20 F.3d 68, 71 (2d Cir.1994).

Determining whether an award of attorney’s fees is appropriate requires a two-step inquiry. First, the party must be a “prevailing party” in order to recover. Farrar, 506 U.S. at 109, 113 S.Ct. at 571-72. If she is, then.the requested.fee must also be reasonable. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983).

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Bluebook (online)
101 F.3d 235, 1996 U.S. App. LEXIS 30969, 72 Fair Empl. Prac. Cas. (BNA) 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doreen-pino-v-raymond-locascio-new-york-hospital-cornell-medical-center-ca2-1996.