Che v. Massachusetts Bay Transp. Authority

• Citation: 342 F.3d 31
• Decision Date: 26 August 2003
• Docket Number: No. 02-2078.,No. 02-2079.,02-2078.,02-2079.
• Parties: Chungchi CHE, Plaintiff-Appellant, Cross-Appellee, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, James F. Johnson, Individually and in his Official Capacity, Defendants-Appellees, Cross-Appellants, Donald A. Smith, Jr., Individually and in his Official Capacity, Brian P. Dwyer, Individually and in his Official Capacity, Defendants, Appellees. Cross Appellees.
• Court: United States Courts of Appeals. United States Court of Appeals (1st Circuit)

342 F.3d 31

Chungchi CHE, Plaintiff-Appellant, Cross-Appellee, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, James F. Johnson, Individually and in his Official Capacity, Defendants-Appellees, Cross-Appellants, Donald A. Smith, Jr., Individually and in his Official Capacity, Brian P. Dwyer, Individually and in his Official Capacity, Defendants, Appellees. Cross Appellees.

No. 02-2078.

No. 02-2079.

United States Court of Appeals, First Circuit.

Heard June 2, 2003.

Decided August 26, 2003.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Jonathan J. Margolis with whom Robert S. Mantell, Laurie A. Frankl and Rodgers Powers & Schwartz, LLP were on brief for plaintiff-appellant, cross-appellee.

Laurie F. Rubin with whom Thomas M. Elcock and Prince, Lobel, Glovsky & Tye LLP were on brief for defendants-appellees, cross-appellants.

Before HOWARD, Circuit Judge, BOWNES and RICHARD S. ARNOLD,^* Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

A jury found that Chungchi Che ("Che") was the victim of discrimination by his employer, the Massachusetts Bay Transportation Authority ("MBTA"), and one of his supervisors, James Johnson ("Johnson"). Che and the defendants appealed. The parties ask us to review a number of rulings the district court made before, during and after the trial. We affirm, or decline to reach, the district court's decisions on all these matters except one.

I. BACKGROUND

Che is an American citizen of Asian descent. In 1982, Che was hired by the MBTA to drive buses. As the years passed, Che was promoted several times. In 1988, the MBTA sent Che to receive training in police work. As part of the training, Che was introduced to anti-discrimination laws. After this training, Che came to believe that in years past the MBTA discriminated against him based on his race and national origin. Che filed a complaint with the Massachusetts Commission Against Discrimination ("MCAD") and, eventually, a lawsuit in state court. Meanwhile, Che was promoted to the position of chief inspector, the highest unionized job at the MBTA. In his capacity as a chief inspector, Che was required to monitor the operation of the MBTA's Green Line.

In 1993, James Johnson was appointed as superintendent of the MBTA's Green Line. Johnson believed that greater discipline was needed amongst the MBTA employees he supervised. In 1994, Che and another employee had an argument at work. Johnson demoted Che from chief inspector to streetcar operator, but this punishment was later changed by the MBTA's grievance procedure to a three day suspension. Shortly thereafter, Che suffered from an anxiety attack and fainted in the presence of his union representative. When the union representative asked Johnson to call for help, Johnson said, "I think the chink is faking it." This incident prompted Che to file a second MCAD complaint and state court lawsuit alleging employment discrimination. Soon after, Che's two lawsuits against the MBTA were consolidated.

Che alleges that his supervisors continued to discriminate against him throughout 1995. Che says he was improperly disciplined on a number of occasions. The main one involved a dispute between Che and Johnson that erupted in November, 1995. The incident began when Che called into work to say that he would be late because of traffic congestion. Che arrived to work at 4:45 p.m., but did not start his shift until 5:00 p.m. because the person who Che was scheduled to replace was still working on one of the trains. The MBTA employee responsible for keeping track of work schedules recorded in a special document called the "assignment block" that Che's shift began at 5:00 p.m. Che disagreed and wanted it recorded that he arrived at 4:45 p.m. The record keeper refused. Later that evening, Che made a notation in the assignment block indicating that he had arrived at work at 4:45 p.m. and began his shift at 5:00 p.m.

Two days later, Johnson confronted Che about the incident. The assignment block was used for recording a variety of things, including hours worked for payroll purposes. The MBTA had problems on past occasions with employees writing in the assignment block in order to falsify time records. Johnson told Che that he was not permitted to make notations in the assignment block. Another MBTA supervisor involved in the conversation informed Johnson that in the past other MBTA employees had been allowed to write in the assignment block. Che told Johnson that it was important that chief inspectors be able to write in the assignment block in order to pass information to other employees. According to Che, Johnson said that he would think about the matter and get back to Che in a few days.

That same evening, Che noticed that leaves had piled up around some of the tracks on the Green Line. The MBTA uses heated coils to defrost tracks in the winter to allow for switches to operate properly. The heated coils sometimes ignite dried leaves and cause fires. Che's shift ended late at night and he was worried that the coils would be turned on the next morning and ignite the leaves. Che made a note in the assignment block stating "heaters cannot be turned on until the leaves have been cleaned away. (cause fire)." Che signed his name and badge number next to the notation.

Upon learning that Che had written in the assignment block, Johnson accused Che of insubordination and launched an investigation into the incident. When the investigation was completed, Che was demoted from chief inspector to streetcar operator. Che became emotionally distraught and went on sick leave. Che was later diagnosed as suffering from stress and anxiety disorders, as well as an irritable bowel syndrome. He subsequently filed for workers compensation. Che has remained on sick leave ever since, but is still an MBTA employee.

As a result of the demotion, Che filed a third lawsuit, but this time in federal district court. Che alleged that he was demoted in retaliation for filing his previous MCAD complaints and his state court lawsuits, and that he was discriminated against based on his race and national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Che also brought discrimination claims under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and Mass. Gen. Laws. ch. 151B.

Before the trial began, the district court declined to exercise supplemental jurisdiction over Che's state law claims and dismissed them pursuant to 28 U.S.C. § 1367(c). During the trial, the district court made two decisions that are pertinent to this appeal. First, the district court ruled that there was no evidence justifying submission of punitive damages to the jury. Second, the district court denied the defendants' request for a jury instruction on the law regarding constructive discharges.

The jury ultimately found that the MBTA and Johnson violated federal law by demoting Che in retaliation for filing his earlier lawsuits. The jury awarded Che $375,000 in back pay and $125,000 for emotional distress. The jury also found that Johnson created a retaliatory hostile work environment, but awarded Che no damages on this claim.

Following the jury's verdict, the parties filed several motions, only three of which are relevant to this appeal. First, the defendants properly moved for judgment as a matter of law, claiming that there was not enough evidence for a reasonable jury to find in Che's favor. Second, Che moved the district court for reinstatement to his job as chief inspector, or alternatively, for an award of front pay. Lastly, the defendants moved for a remittitur of Che's back pay award. The district court denied all of these motions.

On appeal, Che challenges the district court's dismissal of his state law claims, the dismissal of his claim for punitive damages, and the denial of his request for reinstatement or front pay. The defendants cross-appeal the district court's denial of their motion for judgment as a matter of law, refusal to instruct the jury on the constructive discharge standard, and denial of their motion to remit the jury's award of back pay.

II. DISCUSSION

A. Dismissal of the State Law Claims

By statute, a district court may decline to exercise supplemental jurisdiction if, among other things, the state claim "substantially predominates over the claim or claims over which the district court has original jurisdiction," or "in exceptional circumstances, [when] there are other compelling reasons for declining jurisdiction." 28 U.S.C. § 1367(c)(2), (c)(4). Prior to trial, the district court invoked both of these statutory reasons for refusing to exercise supplemental jurisdiction over Che's state law claims. The district court's reasoning rested primarily on the fact that when Che filed his current state law claims in federal court he had two discrimination lawsuits against the MBTA already pending in state court.

We afford district courts "broad discretion" when making decisions regarding supplemental jurisdiction. Vera-Lozano v. Int'l Broad., 50 F.3d 67, 70 (1st Cir.1995). In making these decisions, district courts must examine the totality of the circumstances. See Rodriguez v. Doral Mortg. Corp., 57 F.3d 1168, 1177 (1st Cir.1995). This includes giving consideration to such issues as "comity, judicial economy, convenience, fairness and the like." Roche v. John Hancock Mut. Life Ins. Co., 81 F.3d 249, 257 (1st Cir.1996). All three of Che's lawsuits involved similar claims of discrimination against the same employer. The three cases shared some of the same witnesses and evidence. In light of these facts, we cannot say that the district court abused its discretion.

B. Motion for Judgment as a Matter of Law

We review de novo a district court's denial of a motion for judgment as a matter of law. See Primus v. Galgano, 329 F.3d 236, 241 (1st Cir.2003). "Once a jury renders a verdict, a heavy burden is placed on one who challenges it." White v. N.H. Dep't of Corr., 221...