$1.3 Million Discrimination Verdict Overturned In Case Of Long Island Police Chief
NEW YORK (CBSNewYork/AP) -- A discrimination verdict was overturned and a new trial ordered in the case of a Long Island police chief.
Federal Appeals Court Judge Jose Cabranes says impermissible opinions may have swayed the discrimination suit brought by a white police officer, WCBS 880's Mike Xirinachs reports.
The 2nd U.S. Circuit Court of Appeals in Manhattan reached the conclusion in a case that evolved after then-Freeport Mayor Andrew Hardwick in 2009 appointed Miguel Bermudez as the village's new police chief.
Christopher Barrella, a white police lieutenant, sued the village and Hardwick, who is black, saying Barrella was not promoted because of his race.
Finding discrimination, a jury in May 2014 awarded the lieutenant over $1.3 million.
In a decision written by Cabranes, a three-judge panel said it had been clear since the 1980s that federal law bars employers from discriminating based on Hispanic ethnicity or the lack of it.
It did however order a new trial on the grounds that the trial judge improperly permitted two witnesses to speculate from the witness stand about Hardwick's motivations without knowing the facts.
Attorney Ken Novikoff said Hardwick is confident he will be vindicated at a retrial, and attorney Keith Corbett said on behalf of the village he looked "forward to a complete vindication of our client's rights.''
Barella's lawyer, Amanda Fugazy, said the appeals ruling "confirms each and every one of our client's legal claims.''
"With this decision squarely in our favor on all legal issues, we are confident that the new jury will find the same as the last jury and will fairly compensate Lieutenant Barrella for the employment discrimination he suffered,'' she said.
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