HOLT v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 202

ORDER THAT THE DEFENDANT PENNSYLVANIA STATE POLICE'S MOTION FOR JUDGMENT AS MATTER OF LAW, AS TO PLAINTIFF'S TITLE VII (RETALIATION) IS GRANTED; THE DEFENDANT STEVEN JOHNSON'S MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFF' ;S PENNSYLVANIA HUMAN RELATIONS ACTION AIDING AND ABETTING CLIAM (RETALIATION) IS GRANTED; THE DEFENDANT GERALD BRAHL'S MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFF'S SECTION 1983 EQUAL PROTECTION (RACE DISCRIMINATION) IS GRANTED; THE DEFENDANT KATHY JO WINTERBOTTOM'S MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFF'S SECTION 1983 EQUAL PROTECTION IS DENIED; THE DEFENDANT KATHY JO WINTERBOTTOM'S MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFF' S SECTION 1983 EQUAL PROTECTION (RACE DISCRIMINATION) CLAIM FOR HER INITIATION OF AN IAD INVESTIGATION IS GRANTED; THE DEFENDANT KATHY JO WINTERBOTTOM'S MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFF'S SECTION 1983 CLAIM FOR THE " SCHIZOPHRENIC MEMO" IS GRANTED; THE DEFENDANT KATHY JO WINTERBOTTOM'S MOTION FOR A NEW TRIAL AS TO PLAINTIFF'S SECTION 1983 EQUAL PROTECTION CLAIM FOR HER DECISION NOT TO ASSIGN PLAINTIFF TO THE STATION COMMANDER POSITION, IS DENIED; T HE DEFENDANT KATHY JO WINTERBOTTOM'S MOTION FOR A NEW TRIAL AS TO PLAINTIFF'S SECTION 1983 EQUAL PROTECTION CLAIM FOR HER DECISION NOT TO ASSIGN PLAINTIFF TO THE STATION COMMANDER POSITION, ON THE GROUNDS THAT THE AWARD WAS EXCESSIVE, IS CO NDITIONALLY DENIED. SHOULD PLAINTIFF NOT ACCEPT A REMITTITUR OF $150,000 AS TO THE COMPENSATORY AWARD AND $250,000 AS TO THE PUNITIVE DAMAGE AWARD BY 9/9/2015, THE MOTION FOR A NEW TRIAL WILL BE GRANTED AND A NEW TRIAL WILL BE ORDERED, ETC. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 8/19/15. 8/19/15 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID HOLT II,
Plaintiff,
v.
COMMONWEALTH OF
PENNSYLVANIA, et al.,
Defendants.

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CIVIL ACTION

NO. 10-5510

ORDER
AND NOW, this 19th day of August, 2015, upon consideration of “Defendants’ Post-Trial
Motion Pursuant to Fed. R. Civ. P. 50(b) and 59 for Judgment as a Matter of Law, or in the
Alternative, for a New Trial” (Doc. 176); “Brief in Support of Defendants Commonwealth of
Pennsylvania, Pennsylvania State Police, Johnson, Winterbottom and Brahl’s Post-Trial Motion
Pursuant to Fed. R. Civ. P. 50(b) and 59 for Judgment as a Matter of Law or, in the Alternative,
Motion for a New Trial” (Doc. No. 184); “Plaintiff’s Response to Defendant’s Motion for
Judgment as a matter of Law or in the Alternative a New Trial,” (Doc. No. 192), “Plaintiff’s
Brief in Support of Non Remittitur,” (Doc. No. 198); “Defendants Winterbottom and Brahl's
Brief on the Limited Issue of the Sum, as Opposed to the Mere Entitlement to, Punitive
Damages,” (Doc. No. 199); “Plaintiff’s Brief in Support of Non Remittitur (Amended)” (Doc.
No. 200); and oral argument held on June 4, 2015, IT IS HEREBY ORDERED that:
1. the Defendant Pennsylvania State Police’s Motion for Judgment as Matter of Law, as to
Plaintiff’s Title VII (Retaliation) claim for its decision not to assign Plaintiff to the
Station Commander positions at either Jonestown or Schuylkill Haven is GRANTED;
2. the Defendant Steven Johnson’s Motion for Judgment as a Matter of Law as to Plaintiff’s
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Pennsylvania Human Relations Act Aiding and Abetting claim (Retaliation) for his
decision not to assign Plaintiff to the Station Commander positions at either Jonestown or
Schuylkill Haven is GRANTED;
3. the Defendant Gerald Brahl’s Motion for Judgment as a Matter of Law as to Plaintiff’s
Section 1983 Equal Protection (Race Discrimination) claim for his initiation of an IAD
investigation against Plaintiff for the “day off” incident is GRANTED;
4. the Defendant Kathy Jo Winterbottom’s Motion for Judgment as a Matter of Law as to
Plaintiff’s Section 1983 Equal Protection (Race Discrimination) claim for her decision
not to assign Plaintiff to the Station Commander position at King of Prussia is DENIED;
5. the Defendant Kathy Jo Winterbottom’s Motion for Judgment as a Matter of Law as to
Plaintiff’s Section 1983 Equal Protection (Race Discrimination) claim for her initiation of
an IAD investigation against Plaintiff for the “Schizophrenic Memo” is GRANTED;
6. the Defendant Kathy Jo Winterbottom’s Motion for Judgment as a Matter of Law on
Plaintiff’s Section 1983 (Retaliation) claim as to her initiation of an IAD investigation
against Plaintiff for the “Schizophrenic Memo” is GRANTED;
7. the Defendant Kathy Jo Winterbottom’s Motion for a New Trial as to Plaintiff’s Section
1983 Equal Protection (Race Discrimination) claim for her decision not to assign
Plaintiff to the Station Commander position at King of Prussia, on the grounds that the
verdict was against the great weight of the evidence or that the verdict resulted from
passion or prejudice, is DENIED;
8. the Defendant Kathy Jo Winterbottom’s Motion for a New Trial as to Plaintiff’s Section
1983 Equal Protection (Race Discrimination) claim for her decision not to assign Plaintiff

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to the Station Commander position at King of Prussia, on the grounds that the award was
excessive, is CONDITIONALLY DENIED, subject to Plaintiff’s timely acceptance of
the remittitur. Should Plaintiff not accept a remittitur of $150,000 as to the compensatory
award and $250,000 as to the punitive damage award 1 on this claim (resulting in an
aggregate award of $100,000) by September 9, 2015, the Motion for a New Trial will be
granted and a new trial will be ordered. The new trial will address both liability and
damages.

BY THE COURT:

/s/ David R. Strawbridge
DAVID R. STRAWBRIDGE
UNITED STATES MAGISTRATE JUDGE

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Our remittitur of the punitive damage award is exercised under the discretion afforded by Fed. R. Civ. P. 59(d).

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