Small v. Cuer, 050720 FED2, 18-3407-cv

• Docket Nº: 18-3407-cv
• Party Name: PAMELA S. SMALL, Plaintiff-Appellee, v. CARL CUER, INDIVIDUALLY AND AS A CORRECTIONS OFFICER FOR THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Defendant-Appellant, STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ATTICA CORRECTIONAL FACILITY, JAMES CONWAY, INDIVIDUALLY AND AS SUPER...
• Attorney: FOR APPELLANT: JAMES M. WUJCIK, Dadd, Nelson, Wilkinson & Wujcik, Attica, NY. FOR APPELLEE: JENNIFER A. SHOEMAKER (Alina Nadir, on the brief), Underberg & Kessler LLP, Rochester, NY.
• Judge Panel: PRESENT: RAYMOND J. LOHIER, JR., JOSEPH F. BIANCO, MICHAEL H. PARK, Circuit Judges.
• Case Date: May 07, 2020
• Court: United States Courts of Appeals, Court of Appeals for the Second Circuit

PAMELA S. SMALL, Plaintiff-Appellee,

v.

CARL CUER, INDIVIDUALLY AND AS A CORRECTIONS OFFICER FOR THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Defendant-Appellant,

STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ATTICA CORRECTIONAL FACILITY, JAMES CONWAY, INDIVIDUALLY AND AS SUPERINTENDENT FOR ATTICA CORRECTIONAL FACILITY, SANDRA DOLCE, INDIVIDUALLY AND AS DEPUTY SUPERINTENDENT OF PROGRAMS FOR ATTICA CORRECTIONAL FACILITY, Defendants. ^[*]

No. 18-3407-cv

United States Court of Appeals, Second Circuit

May 7, 2020

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 7^th day of May, two thousand twenty.

Appeal from a judgment of the United States District Court for the Western District of New York (William M. Skretny, Judge).

FOR APPELLANT: JAMES M. WUJCIK, Dadd, Nelson, Wilkinson & Wujcik, Attica, NY.

FOR APPELLEE: JENNIFER A. SHOEMAKER (Alina Nadir, on the brief), Underberg & Kessler LLP, Rochester, NY.

PRESENT: RAYMOND J. LOHIER, JR., JOSEPH F. BIANCO, MICHAEL H. PARK, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the amended judgment of the District Court is AFFIRMED.

Defendant-appellant Carl Cuer appeals from an amended judgment and damages award against him following a jury trial and from a decision of the District Court (Skretny, J.) granting in part and denying in part his motion under Rule 59 of the Federal Rules of Civil Procedure for a new trial or remittitur. The jury awarded more than $7 million in total to plaintiff-appellee Pamela Small on her discrimination, hostile work environment, and retaliation claims against Cuer and other defendants, including the New York State Department of Corrections and Community Service, under Title VII, the New York State Human Rights Law (NYSHRL), and 42 U.S.C. § 1983.^[1] On appeal, Cuer argues that the District Court erred in precluding certain expert testimony and in only partially granting his motion for a new trial or remittitur. We assume the parties' familiarity with the underlying facts and the record of prior proceedings, to which we refer only as necessary to explain our decision to affirm.

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