ALFANO v. COSTELLO

Docket Nos. 00-9304(L), 01-7042(XAP).

294 F.3d 365 (2002)

Georgiann E. ALFANO, Plaintiff-Appellee-Cross-Appellant, v. Joseph J. COSTELLO, Susan A. Connell, Individually and as Deputy Superintendent of Administration at Midstate Correctional Facility, Gordon Wells, Individually and as a Captain at Midstate Correctional Facility, John Doe, Individually and as Employees of the Midstate Correctional Facility, James Raymond, Individually and as an agent of the Inspector General's Office, James Countryman, Individually and as Deputy Superintendent of Security at Midstate Correctional Facility, Kevin Buttimer, Individually and as Recreational Supervisor at Midstate Correctional Facility, Scott Carlsen, Individually and as Deputy Superintendent of Programs at Midstate Correctional Facility, William Fenton, Individually and as a Captain at Midstate Correctional Facility, Thomas A. Coughlin, III, Individually and as Former Commissioner of the New York State Department of Correctional Services, Phillip Coombs, Individually and as Commissioner of the New York State Department of Correctional Services, Dennis Thompson, Individually and as Deputy Superintendent of Security at Midstate Correctional Facility, Glenn S. Goord, Individually and as an agent of New York State Department of Correctional Services, Michael G. Brown, Individually and as a Lieutenant at Midstate Correctional Facility, James Deering, Individually and as a Lieutenant at Midstate Correctional Facility, New York State Office of the Inspector General, State of New York, Midstate Correctional Facility, New York State Department of Civil Service, New York State Department of Audit and Control, Defendants, New York State Department of Correctional Services, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 25, 2002.


Attorney(s) appearing for the Case

Andrea Oser, Assistant Solicitor General, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Nancy A. Spiegel, Assistant Solicitor General, on the brief), for Defendant-Appellant-Cross-Appellee.

Michael J. Sciotti, Hancock & Estabrook, LLP, Syracuse, NY, for Plaintiff-Appellee-Cross-Appellant.

Before: WALKER, Chief Judge, JACOBS and SACK, Circuit Judges.


JACOBS, Circuit Judge.

A jury in the United States District Court for the Northern District of New York (Mordue, J.) awarded $150,000.02 in emotional distress damages on the claim of Georgiann Alfano that during her employment as a corrections officer she experienced a "hostile work environment" amounting to unlawful sex discrimination under 42 U.S.C. § 2000e et seq ("Title VII"). (Alfano's unlawful termination claim was dismissed pre-trial; and...

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