Bad News for Connecticut Judicial Branch: Court Green-Lights Racial Discrimination Lawsuit Against It
A federal judge in Connecticut threw out some claims, but let a racial discrimination lawsuit filed against the state's Judicial Branch proceed.
June 16, 2020 at 05:39 PM
4 minute read
A Connecticut federal judge has said a lawsuit filed on behalf of a black woman who sued the Connecticut Judicial Branch claiming racial discrimination and a hostile work environment can continue.
In his ruling, U.S. District Judge Victor Bolden said the Title VII claim of Secrett Hampton against the branch can continue. Bolden also let stand three state law claims, including intentional infliction of emotional distress. The judge, however, threw out claims of disparate treatment against three of Hampton's supervisors.
The plaintiff worked as a juvenile detention transportation officer since 2008. She brought a claim under Title VII of the Civil Rights Act of 1964, as amended in the Civil Rights Act of 1991, which prohibits racial discrimination.
"The judge made the right call with regard to Title VII. There was no other rationale decision," said William Palmieri, the New Haven solo practitioner who has represented Hampton and five other black or Hispanic current or former Judicial Branch employees.
The cases are separate, but all allege racial discrimination within the branch, Palmieri said. In one case, Palmieri said, he won a $550,000 jury verdict in 2018 against the branch over racial discrimination claims from one Hispanic employee.
Palmieri said Hampton, a New Haven resident in her 40s, is still employed at the Judicial Branch.
The crux of the amended August 2019 lawsuit alleges Hampton's supervisors acted with malice toward her following an incident with a juvenile inmate because of the color of her skin.
It alleges Hampton and another employee were transporting a violent inmate to a medical appointment. That inmate, who had past behavioral issues, according to the lawsuit, escaped while under the supervision of the plaintiff. He was later apprehended.
Soon after, the lawsuit alleges, Hampton was told "to hand in her badge," and was placed on unpaid administrative leave. Hampton was fired soon after. But because she won a union arbitration, she was later reinstated.
The lawsuit states that a white employee who had a similar incident with another inmate was not disciplined. Instead, that white employee was later promoted, the lawsuit says,
The lawsuit says the treatment of Hampton and the white employee shows the judicial branch "discriminated against her in the terms and conditions of employment based on her race, color and ethnicity."
Palmieri was seeking compensatory and punitive damages. Bolden said Hampton would not be entitled to punitive damages, but said, "Her claims for compensatory damages, which ordinarily would be resolved by a jury, can be resolved by a jury."
Palmieri said he hasn't put a dollar figure on how much in compensatory damages he'd seek.
"Let's let the jury look at this, and with guidance and understanding of the law, say what they think the harm is," he said.
The attorney is no stranger to opposing the government.
Palmieri, whose practice specializes in civil rights law, pleaded guilty in December to two counts of willful failure to pay income taxes. He was released on bond pending sentencing later this year. He faces a maximum of two years in prison, a fine and restitution to the IRS.
On Tuesday, Rhonda Stearley Hebert, a spokeswoman for the Judicial Branch, declined to comment on the judge's ruling.
Representing the Judicial Branch was Carletha Texidor, an attorney with the Office of the Attorney General. Elizabeth Benton, a spokeswoman for the office, declined to comment.
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