JORGE L. ALONSO, District Judge.
Plaintiff Lydia Vega filed this lawsuit in January 2013 alleging that she was discriminated and retaliated against by the Chicago Park District when she was fired in September 2012 after twenty-two years of employment. A jury trial was set, and the case was transferred to this Court in October 2016. The Court presided over the seven-day trial in March 2017, in which the jury found for plaintiff and awarded her $750,000 in compensatory damages. Before the Court are defendant's motions for judgment as a matter of law, a new trial, and remittitur pursuant to Federal Rules of Civil Procedure 50(b) and 59. For the reasons set forth below, defendant's motion for judgment as a matter of law and a new trial [225] is granted in part and denied in part and defendant's motion for remittitur [226] is granted.
Plaintiff, a Hispanic woman, began working for the Park District in 1990 and was promoted to Park Supervisor in 2004. See Vega v. Chi. Park Dist., 165 F.Supp.3d 693, 696 (N.D. Ill. 2016). In September 2011, plaintiff was accused of time-sheet falsification and the Park District commenced an investigation. Id. at 697. The investigators filed their report in March 2012 and plaintiff had a Corrective Action Meeting ("CAM") with the Park District that July. Id. at 698. In September 2012, plaintiff received a disposition notice terminating her employment for time-sheet falsification. Id. Plaintiff appealed her termination to the Personnel Board and her termination was affirmed. Id. This lawsuit followed. The case went to trial on four of the seven claims that survived summary judgment, including national-origin discrimination and retaliation under 42 U.S.C. § 1981
"Rule 50(a) allows a district court to enter judgment against a party who has been fully heard on an issue during a jury trial but only if `a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.'" Whitehead v. Bond, 680 F.3d 919, 925 (7th Cir. 2012) (quoting Fed. R. Civ. P. 50(a)). "Rule 50(b) allows a party to renew a denied motion for judgment as a matter of law within 28 days of an adverse jury verdict." United States v. Funds in the Amount of One Hundred Thousand, No. 03 C 3644, 2016 WL 3459527, at *2 (N.D. Ill. June 24, 2016). When considering a Rule 50(b) motion, the Court "construe[s] the facts strictly in favor of the party that prevailed at trial." Schandelmeier-Bartels v. Chi. Park. Dist., 634 F.3d 372, 376 (7th Cir. 2011). Though "the court examines the evidence to determine whether the jury's verdict was based on that evidence, the court does not make credibility determinations or weigh the evidence." Id. The Court's "job is to decide whether a highly charitable assessment of the evidence supports the jury's verdict or if, instead, the jury was irrational to reach its conclusion." May v. Chrysler Grp. LLC, 716 F.3d 963, 971 (7th Cir. 2013). "Because the Rule 50(b) motion is only a renewal of the preverdict motion, it can be granted only on grounds advanced in the preverdict motion." Passananti v. Cook Cty., 689 F.3d 655, 660 (7th Cir. 2012).
Under Rule 59, "[a] new trial may be granted if the verdict is against the clear weight of the evidence or the trial was unfair to the moving party." Whitehead, 680 F.3d at 927. "A new trial should be granted, however, `only when the record shows that the jury's verdict resulted in a miscarriage of justice or where the verdict, on the record, cries out to be overturned.'" Chi. Import, Inc. v. Am. States Ins. Co., No. 09 CV 2885, 2016 WL 4366494, at *4 (N.D. Ill. Aug. 16, 2016) (quoting Whitehead, 680 F.3d at 928). "A new trial is warranted only if the error has a substantial and injurious effect or influence on the determination of a jury, and the result is inconsistent with substantial justice." Cerabio LLC v. Wright Med. Tech., Inc., 410 F.3d 981, 994 (7th Cir. 2005) (internal citation omitted).
When "evaluating whether a remittitur of the jury's compensatory damages award is appropriate[,]" the Court should consider "`(1) whether the award is monstrously excessive; (2) whether there is no rational connection between the award and the evidence; and (3) whether the award is roughly comparable to awards made in similar cases.'" Montano v. Atilano, No. 97 C 8035, 2011 WL 4540737, at *3 (N.D. Ill. Sept. 29, 2011) (quoting Thompson v. Mem'l Hosp. of Carbondale, 625 F.3d 394, 408 (7th Cir. 2010)). "The `monstrously excessive inquiry' is `simply . . . another way of asking whether there is a rational connection between the award and the evidence.'" Stragapede v. City of Evanston, No. 12 C 8879, 2016 WL 278854, at *10 (N.D. Ill. Jan. 22, 2016) (quoting Harvey v. Office of Banks & Real Estate, 377 F.3d 689, 714 (7th Cir. 2004)). When considering such a motion, "the jury's verdict must be given `proper deference.'" Chi. Import, 2016 WL 4366494, at *11 (quoting Farfaras v. Citizens Bank & Trust of Chi., 443 F.3d 558, 566 (7th Cir. 2006)).
Defendant argues that plaintiff failed to establish that the Park District had a widespread practice of discriminating against its Hispanic employees or that a policymaker discriminated against plaintiff when it fired her, a required showing for municipal entities under § 1983. (Def.'s Mot. at 2-3.) Defendant further contends that plaintiff failed to produce evidence that would allow a reasonable juror to conclude that she was discriminated against under § 1983 or Title VII. (Id. at 3-9.) Plaintiff counters that the Court should strike defendant's argument that plaintiff failed to identify a discriminatory policymaker because that argument was not advanced in defendant's preverdict motion. (Pl.'s Resp. at 4.) Plaintiff also argues that she introduced evidence that the Park District had a practice of discrimination against Hispanic employees on which the jury relied when finding against defendant on the § 1983 claim. (Id. 5-8.) Finally, plaintiff contends she presented sufficient evidence for the jury to find that defendant discriminated against her because of her ethnicity. (Id. at 8-10.) Defendant replies that its Rule 50(a) motion included a section on plaintiff's failure to present evidence of a Park District practice of discrimination towards Hispanics. (Def.'s Reply at 4.) Defendant further argues that the jury must have ignored the jury instructions directing them to identify a policymaker because plaintiff presented no evidence of such an individual. (Id. at 5.) Defendant again asserts that the jury ignored the instructions and made improper inferences when it found that plaintiff was discriminated against because no evidence of any discrimination was presented. (Id. at 7-13.)
"A . . . municipality may be found liable under § 1983 when it violates constitutional rights via an official policy or custom." Wragg v. Vill. of Thornton, 604 F.3d 464, 467 (7th Cir. 2010). "To establish an official policy or custom, a plaintiff must show that his constitutional injury was caused `by (1) the enforcement of an express policy, . . . (2) a widespread practice that is so permanent and well settled as to constitute a custom or usage with the force of law, or (3) a person with final policymaking authority.'" Id. (quoting Latuszkin v. City of Chi., 250 F.3d 502, 504 (7th Cir. 2001)).
The jury was instructed as follows on the municipal liability claim:
(See Jury Instructions at 21, dkt. 217 (adapted from Seventh Circuit Pattern Civil Jury Instructions 7.19 and 7.20).) Neither side objected to this instruction at trial or raised an objection to it in their briefs on the motions currently before the Court. The instruction for municipal liability, as given, required plaintiff to prove that a policymaker knew of the pattern of discrimination against Hispanic employees and allowed it to continue. Plaintiff presented no such evidence. Plaintiff presented evidence of the leadership structure and racial makeup at the Park District, evidence that human resources had discretion over whether and how to discipline employees, evidence that the human resources manager for the South Region (Mary Saieva) had an accusatory attitude towards plaintiff, evidence that Saieva relied on plaintiff's statements and credibility at the CAM and the report of investigation when recommending plaintiff's termination,
In order to prevail on her Title VII discrimination claim, plaintiff had to present evidence that would allow a reasonable juror to conclude that she "would have kept [her] job if [she] had a different ethnicity, and everything else had remained the same." Ortiz v. Werner Enters., Inc., 834 F.3d 760, 764 (7th Cir. 2016). Plaintiff presented ample evidence that she exceeded her employer's performance expectations and had no prior disciplinary infractions. (Pl.'s Resp. Exs. 23-31.) The jury also heard testimony that defendant's investigators were hostile towards plaintiff and that the Park District did not consult with plaintiff's supervisors or provide her with "progressive discipline." (Id. Exs. 34-35, 38-39.) That evidence and testimony, coupled with the above-cited evidence that non-Hispanic employees were treated more favorably than plaintiff in disciplinary proceedings for time-sheet falsification, was enough for a jury to find in plaintiff's favor.
In its motion and reply brief, defendant argues that plaintiff presented no evidence that anyone involved in her investigation had discriminatory intent, that hostility does not constitute discrimination, and that there was no evidence that non-Hispanic employees were treated more favorably than plaintiff. (Def.'s Mot at 4-9; Def.'s Reply 7-13.) The Court disagrees. As discussed above, the jury was presented with evidence that non-Hispanic employees were treated more favorably than plaintiff. (See Pl.'s Resp. Exs. 14-17; 21-23.) Further, the jury was not instructed
Next, defendant contends that the jury's verdict was against the manifest weight of the evidence and that the Court made several evidentiary errors that deprived the Park District of a fair trial. (Def.'s Mot. at 10.) Specifically, defendant contends that the Court erred when it: 1) allowed plaintiff to play video "snippets" of the investigation; 2) excluded the administrative officer's findings; 3) took judicial notice of 2010 census data and allowed questioning about the ethnicity of Park District department heads; and 4) excluded evidence of plaintiff's counsel's February 2012 phone call to the Park District. (Id. at 10-15.) Plaintiff argues that defendant recycles old arguments and that the Court did not err in its evidentiary rulings. (Pl.'s Resp. at 12-13.) Defendant replies that plaintiff does not substantively respond to its arguments and so the Court should grant its motion for a new trial as unopposed. (Def.'s Reply at 14.)
Defendant's reliance on its previously-asserted arguments in its motion for a new trial does not persuade the Court that the jury's verdict was against the manifest weight of the evidence. The Court has granted defendant's motion for judgment as a matter of law on the municipal liability claim, and denied the same motion as to the Title VII claim, finding that plaintiff introduced sufficient evidence for a jury to find in her favor. Accordingly, defendant's motion for a new trial is moot as to the municipal liability claim and denied as to the Title VII claim. See Martinez v. City of Chi., Case No. 14 CV 369, 2017 WL 1178233, at *12 (N.D. Ill. Mar. 30, 2017) (denying motion for new trial when plaintiff merely incorporated the arguments it made in its Rule 50 motion and stating "[s]imply asserting that the verdict was against the evidence and leaving it up to the Court to mine through a movant's brief to fashion an argument in support of that request does not cut it[]").
"Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial . . . and the court must disregard all errors and defects that do not affect any party's substantial rights." Fed. R. Civ. P. 61. "Evidentiary errors satisfy this standard only if there is a significant chance that they affected the outcome of the trial." Griffin v. Bell, 694 F.3d 817, 827 (7th Cir. 2012).
Defendant first argues that the Court erred when it denied the Park District's motion in limine to bar videos of its investigation of plaintiff contending the videos were untimely, altered, irrelevant, misleading, and prejudicial. Defendant first raised this issue in its motion in limine to exclude evidence of investigation of plaintiff. (See Def.'s Mot. in Limine, dkt. 189.) At the pretrial conference on February 22, 2017, the Court denied defendant's motion as overly broad. (See Feb. 22, 2017 Tr. at 140 ll. 19-20.) As with most issues in this case, the videos became hotly contested. At trial, defendant again objected to the videos because they had been altered. (See Mar. 8, 2017 Tr. at 4 l. 21-5 l. 1.) Plaintiff made clear that she received the videos from the Park District and that for ease of use with the jury, she consolidated video clips from different disks onto one disk, but that she did not change the date and time of the videos.
Next, defendant argues that the Court erred when it excluded the administrative hearing officer's findings that allegedly contradicted plaintiff's criticism of the investigation. This issue was first addressed in plaintiff's motion in limine to bar that evidence and defendant's corresponding motion in limine to admit it. (See Pl.'s Mot. in Limine, dkt. 194 at 10; Def.'s Mot. in Limine, dkt. 190.) Specifically, plaintiff sought to bar the evidence that she requested a hearing and that a hearing was held, the amended specification of charges that were submitted, testimony from the proceedings, and the hearing officer's findings, arguing that this evidence was irrelevant and prejudicial. (Pl.'s Mot. in Limine at 10-11.) At the March 2, 2017 pretrial conference, the Court granted plaintiff's motion in part, and barred only the administrative officer's findings under Federal Rule of Evidence 403, to avoid sending the message to the jury "that this issue has already been decided." (Mar. 2, 2017 Tr. at 167 ll. 12-15, 169 ll. 12-17.)
Defendant also contends that the Court erred when it took judicial notice of 2010 census data and allowed plaintiff to question the Park District's human resources director about the ethnicity of 2015 Park District department heads, because that evidence and testimony was irrelevant, misleading, and prejudicial. This evidence goes to plaintiff's municipal liability claim
Finally, and without citing any authority, defendant argues that the Court erred in granting plaintiff's motion in limine to bar evidence of plaintiff's counsel's February 28, 2012 phone call to the Park District (wherein counsel allegedly relayed plaintiff's experience of racially discriminatory treatment) because that evidence, and the reference to it in plaintiff's September 4, 2012 letter
Defendant first raised this issue when it filed a motion to disqualify plaintiff's counsel as a necessary witness to testify about the February phone call. (See dkt. 165.) The then-presiding judge granted that motion and directed the parties to confer about a proposed stipulation, whereby plaintiff would forgo evidence of the phone call and remain as trial counsel. (See dkt. 168.) After the case was reassigned, this Court denied plaintiff's motion to reconsider the disqualification. (See dkt. 184.) Plaintiff then filed a motion in limine to exclude evidence of the phone call. (See Pl.'s Mot. in Limine at 11-12.) At the February 22, 2017 pretrial conference, plaintiff's counsel indicated that plaintiff was willing to accept defendant's proposed stipulation regarding the phone call, but defendant withdrew the offer to stipulate because plaintiff did not accept it when it was initially offered. (See Feb. 22, 2017 Tr. at 151 l. 15-152 l. 25.)
The Court remains of the view that these rulings were correct, and even if they were not, there is no a significant chance the error affected the outcome of the trial. Plaintiff testified for nearly a full day. The jury had ample opportunity to weigh her credibility. Whatever minimal information the jury may have garnered about plaintiff's credibility by hearing evidence about the substance of the February phone call (and reference to it in the September letter) would not have changed the outcome of the trial on plaintiff's discrimination claims. See Empire Bucket, Inc., v. Contractors Cargo Co. 739 F.3d 1068, 1073 (7th Cir. 2014) ("[N]o significant chance that the minor evidentiary limitation imposed by the district court affected the outcome of the trial."). Accordingly, the Court denies defendant's motion for a new trial.
In the alternative to granting a new trial, defendant asks the Court to order a remittitur to an amount of damages that bears a rational connection to the evidence. (Def.'s Mot. at 1, 3-4.) The Park District argues that it cannot be liable for any emotional distress that occurred prior to plaintiff's termination and that the damages award is unsupported by plaintiff's pretrial disclosures. (Id. at 5-7.) Finally, defendant contends that an award of damages under Title VII must be capped at $300,000. (Id. at 7.) Plaintiff first responds by arguing that the jury's award of compensatory damages is not subject to a statutory cap because they found for plaintiff on her § 1983 claim, which does not have a cap like Title VII. (Pl.'s Resp. at 2-3.) Plaintiff further contends that the jury's award was rational and not monstrously excessive. (Id. at 3-13.) Defendant replies that plaintiff's vague and unsupported claims of depression, ill health, and humiliation are insufficient to establish damages. (Def.'s Reply at 2-5.) Defendant further argues that plaintiff's damages award is excessive and that if her § 1983 claim fails, so do the damages she was awarded. (Id. at 6-9.) Finally, defendant asks the Court to grant a remittitur to $1,000 if it denies defendant's motions for judgment as a matter of law and a new trial. (Id. at 9.)
Because the Court has granted defendant's motion for judgment as a matter of law on plaintiff's § 1983 claim, it must impose the damages cap promulgated for awards made pursuant to Title VII, plaintiff's only remaining successful claim. See 42 U.S.C. § 1981a(b)(3)(D) ("The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this, shall not exceed, for each complaining party in the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000."). Accordingly, the Court grants defendant's motion and reduces plaintiff's damages award to $300,000. See Smith, 2017 WL 3008095, at *17 (reducing $250,000 compensatory and $500,000 punitive damages awards for plaintiff's sexual harassment claim to $50,000 based on the Title VII cap that applied).
"An award for nonpecuniary loss can be supported . . . solely by a plaintiff's testimony about his or her emotional distress." Tullis v. Townley Eng'g & Mfg Co., Inc., 243 F.3d 1058, 1068 (7th Cir. 2001). Plaintiff testified that she suffered emotional, mental, and physical distress during the last six months of her twenty-two year employment
"Awards in other cases provide a reference point that assists the court in assessing reasonableness; they do not establish a range beyond which awards are necessarily excessive. Due to the highly fact-specific nature of Title VII cases, such comparisons are rarely dispositive." Lampley v. Onyx Acceptance Corp., 340 F.3d 478, 485 (7th Cir. 2003). "Generally, a `statutory cap suggests that an award of damages at the capped maximum is not outlandish.'" Smith, 2017 WL 3008095, at *21 (quoting EEOC v. AutoZone, 707 F.3d 824, 840 (7th Cir. 2013)). Accordingly, and particularly in light of the fact that defendant introduced the damages figure to the jury, the Court does not find the jury's award to be monstrously excessive, and it declines to further reduce plaintiff's damages award. See id. (declining to reduce a damages award below the statutory cap); Arroyo v. Volvo Grp. N. Am., LLC, Case No. 12 CV 6859, 2017 WL 2985649, at *4 (N.D. Ill. July 13, 2017) (reducing the jury's $2.6 million compensatory damages award to the statutory cap of $300,000); Gracia v. Sigmatron Int'l, Inc., 102 F.Supp.3d 983, 992 (N.D. Ill. 2015) (declining to "reduce . . . compensatory damages any further than required by the statutory cap").
For the aforementioned reasons, defendant's motion for judgment as a matter of law and a new trial [225] is granted in part and denied in part. The motion for judgment as a matter of law is granted as to the municipal liability claim and denied as to the Title VII claim; the motion for a new trial is denied. Defendant's motion for remittitur [226] is granted and the Court reduces plaintiff's damages award to $300,000. A status hearing is set for August 17, 2017 at 9:30 a.m. to discuss the back pay and front pay proceedings.