Why metropolis of Topeka is looking for a brand new trial in gender discrimination go well with it misplaced
Topeka’s metropolis authorities requested a brand new trial or a judgment in its favor Thursday in a federal gender discrimination lawsuit it misplaced Sept. 19, saying U.S. District Choose John W. Broomes made errors that irreparably harmed the town’s rights, together with permitting irrelevant testimony that confused the jury.
Jurors, who awarded almost $489,000 to Topeka police Maj. Jana Kizzar and Capt. Colleen Stuart after concluding the town discriminated towards them on the idea of gender, positioned vital weight on testimony they heard from Topeka police Capt. Jennifer Cross, who should not have been allowed to testy, the town mentioned in a movement it filed in federal court docket.
Jurors reached a verdict after lower than two hours’ deliberation, the movement mentioned, including that the jury’s foreman spoke after the trial to an lawyer for Kizzar and Stuart, who later spoke with an lawyer for the town.
“In accordance with the jury foreman, the jury discovered Jennifer Cross’ testimony to carry vital weight and suggested that her testimony was thought of often throughout their deliberations, additional proving that her irrelevant nepotism-based complaints allowed in by way of her testimony did nothing however confuse and mislead the jury,” it mentioned.
Metropolis says ‘me too’ proof was improperly launched at trial
Topeka attorneys J. Philip Gragson and Kara L. Eisenhut, who’re working below contract to characterize the town within the case, mentioned in Thursday’s movement that the court docket made errors that included permitting the testimony in its entirety of witnesses Cross and feminine Topeka police Sgt. Kim Hanika.
Cross and Hanika improperly offered “me too” proof by testifying about conditions by which they thought the town discriminated towards them, the town’s movement mentioned.
It pressured {that a} discrimination go well with Cross pursued towards the town had been thrown out without a trial last August.
“This court docket erred in that it failed to contemplate {that a} ‘me too’ witness testifies to ‘alleged discrimination,'” the movement mentioned. “That is discrimination that’s being alleged that has not but had the possibility to be put in entrance of a jury to find out if it truly did quantity to discrimination.”
The court docket additional erred in permitting Cross’ testimony as a result of it had already dominated that testimony offered asdocumenting “alleged discrimination” doesn’t quantity to proof of discrimination, the movement mentioned.
“Consequently, having made that dedication however then permitting such proof to be offered to the jury as ‘alleged discrimination’ was not solely towards the regulation of the case doctrine, however extraordinarily prejudicial, complicated and deceptive for the jury,” the movement mentioned. “It was additional unfair to Defendant who was prevented from telling the jury that the Courtroom had already dominated that Ms. Cross’ declare had been dismissed on abstract judgment.”
Thursday’s movement additionally contended the court docket erred by permitting the admission of “sure parts” of testimony by three different witnesses, all former or present metropolis staff.
Here is the background on Kizzar and Stuart’s go well with
Kizzar, Stuart and Cross filed go well with in January 2023 alleging the town discriminated towards them by twice selecting less-qualified males for promotion over Kizzar and Stuart and as soon as selecting a less-qualified man for promotion over Cross.
A federal decide final August allowed Kizzar and Stuart to proceed with certainly one of their claims however threw out the others, together with the declare by Cross, who has since initiated a new lawsuit against the city.
A federal jury dominated Sept. 19 that Topeka’s metropolis authorities discriminated on the idea of gender towards Kizzar and Stuart.
Kizzar, Stuart and Cross stay with the Topeka Police Division.
Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.
This text initially appeared on Topeka Capital-Journal: City of Topeka seeks new trial in gender discrimination suit it lost
