Griffin v. City of Opa-Locka

• Decision Date: 17 August 2001
• Docket Number: OPA-LOCK,No. 00-12200,E,00-12200
• Citation: 261 F.3d 1295
• Parties: (11th Cir. 2001) A. GRIFFIN, Plaintiff-Appellee, v. CITY OFarnie P. Neal, Defendants-Appellants.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1295

261 F.3d 1295 (11th Cir. 2001)

A. GRIFFIN, Plaintiff-Appellee, v. CITY OF OPA-LOCKA, Earnie P. Neal, Defendants-Appellants.

No. 00-12200.

United States Court of Appeals Eleventh Circuit.

August 17, 2001.

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] Appeals from the United States District Court for the Southern District of Florida.

Before ANDERSON, Chief Judge, and FAY and BRIGHT^*, Circuit Judges.

FAY, Circuit Judge:

I. Introduction

This is an appeal from a $2 million jury verdict and award in favor of Plaintiff A. Griffin ("Griffin") against the City of Opa-Locka ("the City") and its former City Manager, Earnie Neal ("Neal"), stemming from Neal's sexual harassment and assault against Griffin. Both the City and Neal appeal. Neal argues that the district court erred in denying his motion to bifurcate the trial against him and the City; that the district court committed reversible error in permitting expert testimony to bolster Griffin's allegations that she was raped; and that the district court abused its discretion in denying Neal's motion for a new trial due to emotional outbursts by Griffin and another witness in the presence of the jury. The City argues that the district court erred in denying the City's Renewed Motion for Judgment as a Matter of Law, Motion for New Trial, and its Motion for Remittitur.

We review the district court's rulings on the admissibility of evidence, mistrial, bifurcation, and requests for new trial for abuse of discretion. Alexander v. Fulton County, Georgia, 207 F.3d 1303, 1324-25 (11th Cir.2000); Hicks v. Talbott Recovery System, Inc., 196 F.3d 1226, 1242 (11th Cir.1999); Messer v. Kemp, 760 F.2d 1080, 1087 (11th Cir.1985), cert. denied, 474 U.S. 1088, 106 S.Ct. 864, 88 L.Ed.2d 902 (1986). A trial court's denial of a motion to remit is reviewed for clear abuse of discretion. Farley v. Nationwide Mutual Ins. Co., 197 F.3d 1322, 1335 (11th Cir.1999). We review the district court's denial of the motion for judgment as a matter of law de novo, considering the evidence in the light most favorable to Griffin. If a reasonable jury could have found in favor of Griffin, we will affirm the trial court's decision. Hicks, 196 F.3d at 1236. For the reasons set forth more fully below, we affirm the district court's final judgment in favor of Griffin as against Defendant Neal on all claims. We reverse the district court's judgment against the City only as to the City's liability for the sexual assault against Griffin under § 1983. We affirm in all other respects.

II. Factual and Procedural History

Griffin is a 32-year old single mother who, prior to the birth of her son, attempted to pursue a musical career. In 1992, she commenced employment with the City as a temporary employee and eventually became a permanent billing clerk in the City's water department in 1993. The City, located in northwest Miami-Dade County is a small municipality with fewer than 200 employees. In June 1995, the City hired Earnie Neal as City Manager. As City Manager, Neal was the Chief Executive Officer for the City, in charge of its day-to-day operations and personnel decisions.

Almost immediately after Neal started his job with the City, he began harassing Griffin. He summoned her to work with him on the first day by demanding that the "big tit" or "big breasted" girl be sent to his office.¹ Immediately, he began asking her a series of personal questions regarding where she lived, who she lived with, who cared for her child, whether she was married, whether she had a boyfriend, and where was her child's father. The next day, Neal telephoned Griffin and asked her to guess what the "P" in his name stood for. Griffin testified that Neal was referring to his penis and that he would not get off of the phone until she guessed. Neal told her that he was looking for a girlfriend and wondered whether she could help him with that. He also told her that he did not like where she was sitting and wanted her to sit in front of him so that he could see her.

According to Griffin, despite her rejecting all of his advances, Neal continually demanded hugs and questioned her whether she had a man, reiterating that he was still looking for a girlfriend. He also told her that she needed a "man [like Neal] with money." Griffin stated that on one occasion, Neal asked her in front of the Vice Mayor whether she was going to a specific function that night. When she replied that she was, Neal stated, "Good, so we can dance close together," at which point Neal and the Vice Mayor started laughing, and Neal sent Griffin back to her desk. Neal also repeatedly asked her to go out with him. Griffin recalled an occasion when Neal commented that he and Winston Mottley, one of her supervisors, were going to come over and wanted her to cook dinner for them. Both Motley and Neal laughed at this comment.

On multiple occasions, Neal called Griffin into his office and told her he would have to replace her if she did not cook for him, tell him how good he looked, and take care of him. In addition, he commented on how she should wear her hair and that she was gaining too much weight. Griffin started dieting for fear she would lose her job. Neal also began regularly hugging her tightly to feel her breasts and look down her shirt. In addition to the daily hugs, Griffin testified that while she was sitting with a couple of officials at a City function, Neal sat behind her and rubbed his knee against her buttocks and whispered in her ear that "I'm still looking for a girlfriend." At another function, Neal put his hand on her hip and told her that she had hurt his feelings again because she would not sing at an event congratulating him for being City Manager.

Griffin also recalled Neal calling her at home on a day that the City offices were officially closed. He asked her whether she was sleeping next to her boyfriend and summoned her to the office for no apparent reason. Although Griffin was eventually supposed to go back and work for the water department, Neal would summon her everyday to his office even though he gave her no work. When she asked Neal to return to her old job, he told her that he was hurt and that he could not believe she wanted to leave him. Griffin testified that she asked various other City officials to help her get her old job back because she was unhappy working for the City Manager. Several employees testified that she looked miserable during the time she worked in Neal's office in stark contrast to the cheerful and friendly demeanor she had before she started working for Neal.

In October 1995, after City employees were given a cost of living increase, Neal told Griffin that he personally had seen to it that she got a larger increase than other employees. He said, "You got a bigger raise than anybody, now will you go to dinner with me?" Griffin testified that she felt like he was trying to buy her to make her go out with him and that she had no choice but to start looking for another job. Shortly thereafter, Griffin tendered her resignation to be effective two weeks later because she could no longer tolerate Neal's sexual advances or her working environment. Griffin testified that Neal was shocked by her resignation and tried to talk her out of it. He also told her he would have to figure a way to take her out before she left. Griffin testified that she did not report Neal's conduct or complain to anyone because he was her boss, she did not have the courage to do so, and she did not want to create conflict.

After she tendered her resignation but before her job with the City ended, Griffin attended a Rotary Club function where she was scheduled to sing. The Rotary Club was very important in the workplace culture of the City and was attended by the Mayor, Commissioners, Neal, and several City department heads. Although Griffin arranged for a ride home with the City's police chief following the event, Neal told her and the police chief that he would take her home instead. Upon arriving at her apartment, Neal grabbed Griffin's music equipment and began carrying it upstairs, despite her telling him that she could take care of it herself. He followed her into her apartment uninvited and asked her to get him a drink. While she was getting him water or juice, Neal came up behind her in the kitchen and raped her.

Griffin testified that after the rape, she feared for her life and that she felt that calling the police might make it worse since Neal had previously served as a police chief in the nearby town of Florida City, Florida. She did not believe that anyone would take her side, and she tried to go on as if the rape had not occurred. She went to work the next day and every day until the end of her employment a few days later. Several months later, Griffin decided to come forward about the rape. She contacted an attorney and this lawsuit ensued.

Griffin sought damages against the City for sexual harassment and sexual assault under Title VII (Count I); the Florida Civil Rights Act (Count II); 42 U.S.C. § 1983 (Counts III and IX); and state tort law (Count VIII). She also alleged assault and battery claims against Neal (Count IV); violations of the Violence Against Women Act, 42 U.S.C. § 13981 (Count V); Intentional Infliction of Emotional Distress (Count VI); and Invasion of Privacy (Count VII). After a two-week trial, the jury concluded by special interrogatory that Neal sexually harassed Griffin, that the harassment was a custom or policy of the City, and that Neal raped her under color of law. The jury also concluded that the City was deliberately indifferent in hiring Neal and found against Neal on the tort claims. The jury awarded Griffin $500,000 for the harassment and $1.5 million for the rape.

III. Discussion

A. Neal's Appeal

1. Bifurcation

Because we can dispose of Neal's arguments in fairly short order, we address his appeal first. He raises three arguments. First, he argues that the...