Saulpaugh v. Monroe Community Hospital

4 F.3d 134, 1993 U.S. App. LEXIS 22327, 62 Empl. Prac. Dec. (CCH) 42,540, 62 Fair Empl. Prac. Cas. (BNA) 1315
CourtCourt of Appeals for the Second Circuit
DecidedAugust 27, 1993
DocketNos. 1687, 1827, Dockets 93-7122, 93-7204
StatusPublished
Cited by67 cases

This text of 4 F.3d 134 (Saulpaugh v. Monroe Community Hospital) 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
Saulpaugh v. Monroe Community Hospital, 4 F.3d 134, 1993 U.S. App. LEXIS 22327, 62 Empl. Prac. Dec. (CCH) 42,540, 62 Fair Empl. Prac. Cas. (BNA) 1315 (2d Cir. 1993).

Opinions

ALTIMARI, Circuit Judge:

Plaintiff-appellant Jeannette Saulpaugh appeals from a judgment entered in United States District Court for the Western District of New York (Michael A. Telesca, Judge), following a bench trial on her claims asserted pursuant to Title VII of the Civil Rights Act of 1964. The district court held defendants liable under Title VII, finding that Saulpaugh had been both sexually harassed and discharged in retaliation for complaining about this harassment. In its calculation of damages and attorneys’ fees, the district court did not award the full measure of damages sought.

On appeal, Saulpaugh first challenges the district court’s dismissal of her claims under 42 U.S.C. § 1983. Saulpaugh and her husband further challenge the district court’s dismissal of their claims under New York common law. Finally, Saulpaugh contends that the district court miscalculated in awarding damages and attorneys’ fees. Specifically, Saulpaugh argues that the district court: (1) erred in excluding salary for her period of disability from its award of back pay; (2) erred in excluding the value of lost employer retirement contributions that Saul-paugh’s expert calculated she had lost; (3) abused its discretion by failing to compound the interest that it awarded her; (4) abused its discretion by failing to award Saulpaugh the equitable remedy of front pay; (5) abused its discretion in adjusting downward the number of attorney hours compensated; and (6) abused its discretion in reducing the hourly rate of attorney compensation below the prevailing market rate. Defendants cross-appeal to challenge the district court’s determination that they violated Title VII, contending that the evidence does not support this conclusion.

For the reasons set forth below, we affirm that portion of the judgment of the district court finding defendants liable for violating Title VII, but vacate the district court’s award of damages, and remand with instructions that the district court recalculate the damages using a compound rate of interest. In addition, we reverse that portion of the district court’s judgment dismissing Saul-paugh’s equal protection and due process claims asserted under 42 U.S.C. § 1983 as well as the Saulpaughs’ claims under New York common law, and remand for further deliberations in light of this opinion. Finally, we affirm the district court’s dismissal of Saulpaugh’s claim that defendants termination of her employment violated her rights under the First Amendment.

BACKGROUND

Saulpaugh began working at defendant-appellee Monroe Community Hospital (the “Hospital”) on December 5, 1983 as the Executive Housekeeper. On September 28, 1984, Saulpaugh’s immediate supervisor, defendant-appellee Yvon Rosemond called Saul-paugh into his office and handed her a letter of termination for “unsatisfactory performance.” During the intervening nine month period, as more fully developed below, Saul-paugh was subjected to Rosemond’s repeated acts of sexual harassment and retaliation.

Saulpaugh was making $17,510 a year as of the date of her dismissal. After Saulpaugh’s termination, Rosemond reportedly called a nursing home where Saulpaugh had a job offer, and advised the nursing home that Saulpaugh had been fired for her poor performance. The nursing home subsequently rescinded its offer. Saulpaugh was ultimately able to secure employment elsewhere, but at a lower salary and with fewer fringe benefits.

On December 23, 1985, Saulpaugh and her husband brought the instant suit against the [139]*139Hospital, Rosemond, and Raymond Diehl, the Hospital’s executive administrator, The Saulpaughs asserted claims under Title VII of the Civil Rights Act, 42 U.S.C. § 1983, and various statutory and common law claims under New York law.

On May 14, 1986, the United States District Court for the Western District of New York (Telesea, J.), granted defendants’ motion to dismiss the Section 1983 claims for failure to state a claim, and to sever all state claims. The district court' reasoned, inter alia, that Saulpaugh’s equal protection claim implicated the same facts as her Title VII claim, and, therefore, that her Section 1983 claim was impermissibly grounded solely on a violation of Title VII. The court also concluded that Saulpaugh had failed to assert a viable Section 1983 action for violation of due process, because the alleged abuses of authority were identical to actions which could have been carried out by a private employer. Finally, the district court concluded that in light of its dismissal of the Section 1983 claims, the issues surrounding the New York common law claims would predominate, and accordingly dismissed these claims without prejudice. The Saulpaughs subsequently filed their severed claims in state court. After some discovery on the remaining claims, counsel for both parties agreed to postpone discovery until Saulpaugh’s civil service claim was determined. On March 10, 1989, the Appellate Division affirmed the decision of the New York State Supreme Court, finding that defendants had unlawfully terminated Saulpaugh in violation of New York Civil Service Law.

After discovery was completed, a bench trial was held in December of 1992 on Saul-paugh’s claim under Title VII. Saulpaugh testified at trial that almost immediately after being hired, she began to be sexually harassed by her supervisor, defendant-appel-lee Rosemond. In fact according to Saul-paugh, on her first day of work, Rosemond greeted Saulpaugh in the presence of other employees with “oh, here is my little rabbit.” The most extreme example of Rosemond’s harassment of Saulpaugh occurred on December 23, 1983. Saulpaugh recounted that on that day she was called into Rosemond’s office after lunch and was asked to go to New York City with him. In response to her declining this invitation, Rosemond stated “I thought you were a liberated woman.... Well, haven’t you heard about open marriages?” Saulpaugh asked Rosemond whether he was talking about “cheating here.” Rosemond responded that it was not cheating “if one spouse turns their [sic] head.”

Saulpaugh testified that after she complained.to her secretary and another employee supervised by Rosemond about this incident, Rosemond called her to his office where he threatened and berated her. According to Saulpaugh, Rosemond informed her that only he could help her keep • her job, for which she had been initially hired as a provisional civil service employee. Saulpaugh recounted at trial that Rosemond also warned her that “I hold the power of your job, if you do one more thing, I will fire you.” Notwith-. standing this threat, Saulpaugh informed Rosemond’s immediate supervisor, Loren Ranaletta, and Reva Riley, the Associate Administrator of Personnel at the Hospital, of Rosemond’s actions.

Saulpaugh testified at trial that after the incidents of harassment were made public, Rosemond began to retaliate against her by criticizing her performance. Conflicting evidence was introduced at trial regarding Saul-paugh’s performance as Executive Housekeeper. Saulpaugh received a number of letters of commendation for her various efforts. However, there were also complaints, primarily but not exclusively lodged by Rose-mond, regarding the cleanliness of different areas that Saulpaugh and her staff were responsible for cleaning. Saulpaugh maintained at trial that these complaints constituted retaliation on the part of Rosemond.

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4 F.3d 134, 1993 U.S. App. LEXIS 22327, 62 Empl. Prac. Dec. (CCH) 42,540, 62 Fair Empl. Prac. Cas. (BNA) 1315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saulpaugh-v-monroe-community-hospital-ca2-1993.