Virostek v. Liberty Township Police Department/Trustees

14 F. App'x 493
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 11, 2001
DocketNos. 99-3809, 99-3893
StatusPublished
Cited by29 cases

This text of 14 F. App'x 493 (Virostek v. Liberty Township Police Department/Trustees) 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
Virostek v. Liberty Township Police Department/Trustees, 14 F. App'x 493 (6th Cir. 2001).

Opinion

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant, Janet E. Virostek, filed this action against Defendant-Appellee, the Liberty Township Police Department/Trustees (“Liberty Township”), and Defendant-Appellee/Cross-Appellant, Gerald T. Wardrop, former Chief of Police, in both his individual and official capacities (collectively referred to as “Defendants”), alleging sex, disability, and age discrimination claims under federal and state law; retaliation claims under federal and state law; breach of contract; and violations of 42 U.S.C. § 1983. The district court granted Wardrop’s motion to dismiss all federal claims against him in his individual capacity but denied such motion regarding the state claims asserted against Wardrop. The district court also granted summary judgment for Defendants on Virostek’s federal and state disability discrimination claims, state age discrimination claim, breach of contract claim, § 1983 claims, and sex discrimination claims for failure to promote; disparate treatment in receiving approval to attend training seminars; disparate treatment in the provision of equipment, such as police cars and typewriters; disparate treatment in receiving preferred shifts; and disparate treatment in receiving praise for work, but denied summary judgment on the federal and state sex discrimination, federal age discrimination, and retaliation claims regarding Virostek’s reassignment from a juvenile detective position to a patrol officer position.1

At trial, the district court granted judgment as a matter of law on Virostek’s [499]*499retaliation claims. Following deliberations, the jury issued a verdict in favor of Defendants on Virostek’s federal age discrimination claim but decided in favor of Virostek on her sex discrimination claims. The jury awarded Virostek damages, however, in the amount of only $1.00.

Virostek now appeals on eight grounds: (1) the district court erred in granting partial summary judgment on her sex discrimination claims; (2) the district court erred in granting judgment as a matter of law on her retaliation claim at trial; (3) the district court abused its discretion by not giving a jury instruction on backpay and erred in denying her request for backpay; (4) the district court abused its discretion in admitting evidence regarding her receipt of workers’ compensation benefits at trial; (5) the district court erred in not awarding attorneys’ fees and costs; (6) the district court abused its discretion by not giving instructions on the eggshell plaintiff and on punitive damages; (7) the district court abused its discretion by giving an instruction on nominal damages; and (8) the district court abused its discretion in excluding evidence of alleged sex discrimination at trial. Wardrop also cross-appeals, arguing that the district court erred in denying his motion for judgment as a matter of law. For the reasons that follow, we AFFIRM the final judgment of the district court.

I. BACKGROUND

Virostek is a female police officer who is employed by Liberty Township in Ohio. Virostek began working for Liberty Township in 1976 as a part-time police officer and first began full-time employment as a patrol officer on July 9,1979.

In 1990, Virostek was promoted to sergeant after having received the third highest score on the required civil service exam. Virostek was promoted after James Cerenelli and Michael Pilolli, both of whom received higher scores on the civil service exam. According to Wardrop, the State of Ohio required that the jobs be awarded to the people receiving the top scores on the exam.

In 1992, Wardrop became the Chief of Police in Liberty Township. During War-drop’s tenure as Chief, Cerenelli and Pilolli were also promoted to Captain before Virostek. According to Liberty Township, these officers were promoted prior to Virostek because they each scored higher than Virostek did on the civil service exam and because Pilolli had served as an Acting Captain for two years prior to his promotion.2

[500]*500On July 13, 1992, Virostek filed her first charge of discrimination with the Ohio Civil Rights Commission (“OCRC”) and the Equal Employment Opportunity Commission. On February 11, 1993, Virostek withdrew her charge before the OCRC, and she, her attorney Mary Jane Stephens, Wardrop, and Charles Dunlap, Liberty Township’s attorney, signed a consent decree, which contained no admissions of sex discrimination by Liberty Township under Ohio law but provided that the police department would “refrain from and not engage in any practice or act which has the purpose or effect of unlawfully discriminating against women.” Joint Appendix (“J.A.”) at 1138.

On September 28, 1992, Virostek was reassigned to the position of juvenile officer in the Detective Division. Although Wardrop was initially pleased with Virostek’s performance as a juvenile detective,3 in January of 1995 Wardrop held a meeting with Virostek to discuss his concerns with her performance as a juvenile detective. According to Wardrop, in 1994 he began to notice that Virostek “began to demonstrate a great deal of hostility” toward the juvenile detective position. J.A. at 891. Wardrop further stated that he had received negative feedback concerning Virostek’s performance from different sources at the schools. For example, Bruce Jones, the superintendent of Liberty Township schools, testified that he told Wardrop that he was not pleased with Virostek’s performance as a juvenile detective because of her lack of visibility in the schools. Additionally, Lawrence Prince, who was the high school principal during Virostek’s tenure as a juvenile detective, testified to reporting his concerns that Virostek was too inflexible with the students and was not present at the school enough. Lastly, Patricia Metzinger, a trustee of the Township, testified to calling Wardrop to inform him that Virostek had told her and two other women in her office that she did not like “the F-ing bastards [the students]” and that Virostek was insensitive to the students. J.A. at 597.

Virostek described the meeting in January of 1995 differently than Wardrop; in particular, she described the meeting as more hostile than constructive. In this meeting, Virostek states, Wardrop “pounded his fist on the table. He said he didn’t want [her] to be the juvenile detective any longer, that he wanted [her] voluntary resignation along with a letter requesting that [she] ... voluntarily go back to the patrol division....” J.A. at 761-62.

On January 17, 1995, Wardrop sent Virostek a memorandum advising her that Metzinger had requested information and documentation concerning the youth court program. On January 18, 1995, Virostek responded to the memorandum by providing the requested documentation. Three months later, on April 20, 1995, Wardrop reassigned Virostek from the juvenile detective position into a patrol officer position, and according to Virostek, she was discriminatorily placed in the least desirable split shift for a patrol officer. War-drop testified that he reassigned Virostek because she failed to improve her performance as a juvenile detective. Sergeant John Saraya was then reassigned from the patrol officer position to the juvenile detective position to replace Virostek. Soon after entering the juvenile detective posi[501]*501tion, Saraya terminated the youth court program.

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Bluebook (online)
14 F. App'x 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virostek-v-liberty-township-police-departmenttrustees-ca6-2001.