Patterson v. Balsamico

• Decision Date: 27 February 2006
• Docket Number: Docket No. 05-0888-CV.
• Citation: 440 F.3d 104
• Parties: Michael Antonio PATTERSON, Plaintiff-Appellee-Cross-Appellant, v. William BALSAMICO, in his individual and official capacity, Defendant-Appellant-Cross-Appellee, County of Oneida, New York; Oneida County Sheriff's Department; Daniel Middaugh, in his individual and official capacity as Sheriff; Peter Paravati, in his individual and official capacity as Undersheriff; William Chapple, in his individual and official capacity as Chief; John Does, in their individual and official capacity as Employees and Representatives of the County of Oneida; Lieutenant Rende, in his individual and official capacity; and Richard DePhillips, in his individual and official capacity, Defendants.
• Court: U.S. Court of Appeals — Second Circuit

Page 104

440 F.3d 104

Michael Antonio PATTERSON, Plaintiff-Appellee-Cross-Appellant, v. William BALSAMICO, in his individual and official capacity, Defendant-Appellant-Cross-Appellee, County of Oneida, New York; Oneida County Sheriff's Department; Daniel Middaugh, in his individual and official capacity as Sheriff; Peter Paravati, in his individual and official capacity as Undersheriff; William Chapple, in his individual and official capacity as Chief; John Does, in their individual and official capacity as Employees and Representatives of the County of Oneida; Lieutenant Rende, in his individual and official capacity; and Richard DePhillips, in his individual and official capacity, Defendants.

Docket No. 05-0888-CV.

United States Court of Appeals, Second Circuit.

Argued: November 29, 2005.

Decided: February 27, 2006.

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Peter Henner, Clarksville, N.Y. Appearing for Appellant.

A.J. Bosman, Utica, N.Y. Appearing for Appellee.

Before: McLAUGHLIN, SACK, Circuit Judges; KOELTL, District Judge.¹

KOELTL, District Judge.

Defendant-Appellant-Cross-Appellee William Balsamico ("Balsamico") appeals from a judgment entered January 21, 2005, following a jury verdict in the United States District Court for the Northern District of New York (David N. Hurd, Judge).

The jury found Balsamico liable to Plaintiff-Appellee-Cross-Appellant Michael Antonio Patterson ("Patterson") for intentional infliction of emotional distress, and for having created a racially hostile work environment by participating in a workplace assault on Patterson.

For the reasons explained below, we affirm the judgment of the district court except its award of $20,000 in punitive damages against Balsamico and its award of attorneys' fees and expenses to Patterson in the amount of $18,885.00.

I. BACKGROUND

A.

The plaintiff, Patterson, is an African-American who was employed as a Corrections Officer by the Oneida County Sheriff's Department (the "Department") from February 1998 until February 1999. Patterson initially filed suit against the County of Oneida, New York (the "County"), the Department, and a number of individual defendants, including Balsamico. The complaint alleged causes of action under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq.; 42 U.S.C. §§ 1981, 1983, 1985, and 1986; the New York Human Rights Law, N.Y. Exec. Law § 296; and additional state law claims. Specifically, Patterson alleged that he had been subjected to a racially discriminatory hostile work environment and that his employment had been terminated because of his race. Patterson alleged that between October 1998 and January 1999, he heard Department employees use racial slurs and make disparaging remarks about African-Americans on approximately 12 occasions. He further alleged that, in January 1999, Balsamico, a deputy named Richard DePhillips,² and another unidentified deputy assaulted him, sprayed him with mace, covered him with shaving cream, and taunted him with racial slurs at the Oneida County Correctional Facility (the "jail"). In addition, Patterson challenged the Department's policies with respect to promotion, discipline, training and staffing as racially discriminatory, and alleged that his supervisor, Lieutenant Joseph Rende ("Rende"), refused to speak to him and refused to salute him although he saluted white officers. All defendants were initially represented by Bartle J. Gorman ("Gorman").

On October 30, 2002, the district court granted the defendants summary judgment, dismissing the entire suit. On appeal to this Court, the district court's judgment was affirmed except insofar as it dismissed the claims against the individual defendants Balsamico and Rende under 42 U.S.C. §§ 1981 and 1983 and state law. This Court concluded that whether Balsamico and Rende had engaged in the conduct alleged, and whether the conduct was sufficiently severe to alter the conditions of Patterson's employment, were questions that could not be decided as a matter of law. See Patterson v. County of Oneida, 375 F.3d 206, 229-31 (2d Cir.2004) ("Patterson I").

Following remand for trial against Balsamico and Rende, Gorman was replaced as counsel for those defendants. At trial, Balsamico was represented by David R. Diodati of DelBuono & Diodati ("Diodati"), and Rende was represented by David A. Bagley of Petrone & Petrone, P.C. ("Bagley"). Consents to the substitution of counsel were executed on September 17, 2004 and "so ordered" by the Magistrate Judge on September 20, 2004. From October 25, 2004 to October 28, 2004, a jury trial was held on Patterson's claims against Balsamico and Rende.

With respect to the January 1999 incident, Patterson testified at trial that the assault occurred around 1:00 a.m., when he was taking a break. He was about to pass through the automatic sliding door when an unknown person behind dark tinted glass in the jail's master control room instructed him to use another door instead. Patterson testified that, after he passed through the other door, Balsamico, DePhillips, and another, unknown, officer, sprayed him with shaving cream, struck him in the ribs, and sprayed mace in his eyes. Patterson specifically identified Balsamico as having participated in the assault, and testified that Balsamico said to him, "now you are a white man with an afro." Balsamico testified that he saw Patterson covered in shaving cream but did not touch him or say anything to him.

Patterson further testified that he felt humiliated and degraded as a result of the incident, and he felt leery of the majority of the officers with whom he worked. He testified that he felt stress, could not sleep, and had stomach problems. Patterson did not, however, report the incident, and there is no evidence that he received medical treatment as a result of it.

The Special Verdict Form was divided in two parts. The first five questions were directed to the alleged violations of 42 U.S.C. §§ 1981 and 1983 and the New York Human Rights Law. The jury found that Balsamico had participated in the assault and that racial discrimination was a substantial factor in Balsamico's conduct. The jury also found that the conduct was sufficient to alter the terms and conditions of Patterson's employment in that it created a hostile work environment. The jury found, however, that the hostile work environment was not a proximate cause of actual damages to Patterson and thus awarded only one dollar in nominal damages for the violations of Patterson's right to be free from a racially hostile work environment. The jury also found that Patterson was entitled to punitive damages against Balsamico.

With respect to the state law claim of intentional infliction of emotional distress, the jury found that Balsamico had intentionally inflicted severe emotional distress on Patterson and that the severe emotional distress was the proximate cause of actual injuries to the plaintiff. The jury awarded compensatory damages of $100,000 on this claim. The jury was specifically instructed that compensatory damages may only be awarded once to compensate the plaintiff for losses sustained and that if the jury did not award the plaintiff damages for the claims under 42 U.S.C. §§ 1981 and 1983 and the New York Human Rights Law, but found that the plaintiff was entitled to damages, then the jury should enter the amount accordingly. The jury also found that Patterson was entitled to punitive damages on the state law tort claim.³

A subsequent trial to determine the amount of punitive damages was held in November 2004 before the same jury. At that time, evidence of Balsamico's financial condition was presented. The jury awarded $20,000 in punitive damages.

Balsamico moved for a new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure on various grounds. This motion was denied and the district court awarded the plaintiff attorneys' fees limited to work performed in prosecuting the case against Balsamico. After further submissions, the district court fixed the amount of attorneys' fees and expenses at $18,885.00 and entered judgment. This appeal followed.

B.

Balsamico raises a number of issues on appeal. First, he argues that plaintiff's claims under state common law were time-barred. Second, Balsamico argues that he was not acting "under color of state law" for purposes of 42 U.S.C. § 1983 and thus should not be subject to liability under that statute. Balsamico also argues that he is entitled to a new trial due to a conflict of interest on the part of Gorman, his original lawyer, who also represented the County of Oneida and other individual defendants in this case and who was replaced shortly before trial. Next, Balsamico urges that the district court abused its discretion by granting Patterson's motion in limine to preclude the testimony of four witnesses identified shortly before trial. Balsamico further argues that the jury's verdict should be set aside because it was tainted by an improper summation by Patterson's attorney, and that both the compensatory and punitive damages awarded to Patterson were excessive.

On his cross-appeal, Patterson argues that the district court abused its discretion in reducing both the hourly rate and the number of hours in awarding Patterson attorneys' fees under 42 U.S.C. § 1988.

II. DISCUSSION

A.

1. Statute of Limitations

Balsamico contends that Patterson's state law claim for intentional infliction of emotional distress, on which virtually all of the compensatory damages were awarded, should have been dismissed as time barred. He argues that the applicable statute of limitations is the one-year limit for intentional torts set forth in Section 215 of the New York Civil Practice Law and Rules, and that the complaint was filed on December 18, 2000, more than one year after January 1999, the date on which the incident in which Balsamico...