United States Second Circuit

In an action claiming that plaintiff's termination was in retaliation for complaints he had made about his supervisor's alleged misconduct, partial judgment for plaintiff is affirmed where: 1) plaintiff had no mechanism by which to challenge the district court’s constitutional analysis related to punitive damages; 2) no reasonable jury could have found the "occasional and isolated" events plaintiff complained of were severe or pervasive enough to create an abusive work environment; and 3) defendants could not point to anywhere in the record where they objected to the district court submitting the issue of back-pay damages to the jury.

Appellate Information

• Decided 12/17/2010
• Published 12/17/2010

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David T. Azrin, Barry A. Guryan