Date: 01-25-2015

Case Style: Chris Miller v. City of Ithaca

Case Number: 3:10-cv-00597-GLS-DEP

Judge: Gary L. Sharpe

Court: United States District Court for the Northern District of New York

Plaintiff's Attorney: A.J. Bosman

Defendant's Attorney: Arch Stokes, Anne-Marie Mizel, Hayden Pace, Patricia M. O'Rourke and Paul Wagner

Description: Syracuse, NY - Christopher Miller sued the City of Ithaca, Edward Vallely, in his individual and official capacity as the Chief of Police of Ithaca, New York, John Barber, in his individual and official capacity as the Deputy Chief of Police of Ithaca, New Yori, Pete Tyler, in his individual and official capacity as Deputy Chief of Police, The Ithaca Police Benevolent Association, Inc., Jeffrey Huddle, President of the Ithaca Police Benevolent Association, Inc., Tompkins County District Attorney's Office, Gwen Wilkins, in her individual and official capacity as Tompkins County, New York, District Attorney, Tompkins County, New York, Lauren Signer, in her individual and capacity as the former Chief of Police of Ithaca, New York, Andrew Navarro, in his individual and official capacity as Sergeant with the City of Ithaca, New York Police Department, Marlon Byrd, in his individual and official capacity as a Sergeant with the City of Ithaca, New York, Police Department, and Scott Garin, in his individual and official capacity as a Sergeant with the City of Ithaca Police Department on civil rights violation theories under 42 U.S.C. 1983 claiming that he was discriminated against on the basis of his race (white) and sex (male) and that he was retaliated against when the complained.

Miller joined the Ithaca Police Department in 2000 and filed a complaint with the Tompkins Human Rights Commission in 2010.

Plaintiff claimed that he was assigned to a less-desirable daily beat, or area to patrol, in retaliation for filing separate claims of discrimination of being passed over for promotions.

Miller was fired in 2010 during the Spring of 2010.

The defendants claimed that Miller was fired after he complained because it was found that he had lied on his employment application and because of unsatisfactory job performance.

Outcome: The jury returned a verdict in favor of Plaintiff and against the City of Ithaca but in favor of all of the other defendants still in he case at the time of trial. The jury did not determine the damages, if any, suffered by the Plaintiff during the trial, which was bifurcated by the Court.

The Ithaca Police Benevolent Association, Inc., Jeffrey Huddle, Tompkins County District Attorney's Office, Gwen Wilkinson and Tompkins County were dismissed from the case before trial.

The jury awarded the Plaintiff $480,001.

Plaintiff's Experts:

Defendant's Experts:

Comments: The Miller trial you reference was actually a re-trial as the first jury verdict (2 million) was wrongly deemed excessive by a different judge (McAvoy). The 2nd trial was only for a re-trial of damages as to retaliation for complaining of discrimination - and the city's liability from the first trial remained intact. The retaliatory beat assignment verdict was vacated - retried in the first week - got another verdict under the new Nasser std and then the second week of the NOW bifurcated trial was a retrial for damages only for both causes of action. The defendants in this case have made 6 summary judgment motions ... a bit excessive don't you think? Post trial motions pending... A motion for judgment in favor of the City of Ithaca will probably be filed by the City of Ithaca.