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Page 1 LEXSEE 895 F.2D 1469 PRISCILLA KELSEY ANDREWS and DEBRA ANN CONN, Appellants in No. 89- 1302 v. CITY OF PHILADELPHIA and WILSON W. GOODE, individually and in his capacity as MAYOR, CITY OF PHILADELPHIA, and KEVIN M. TUCKER, in- dividually and in his capacity as POLICE COMMISSIONER, and ORVILLE W. JONES, individually and in his capacity as PERSONNEL DIRECTOR, and JOSEPH LICIARDELLO, individually and in his capacity as CAPTAIN, ACCI- DENT INVESTIGATION DIVISION, and JOHN DOE, individually and in his ca- pacity as a PHILADELPHIA POLICE OFFICER ASSIGNED TO ACCIDENT IN- VESTIGATION DIVISION, and FRANK DOYLE, individually and in his capacity as SERGEANT, ACCIDENT INVESTIGATION DIVISION; Frank Doyle and Joseph Liciardello, Appellants in No. 89-1207 Nos. 89-1207, 89-1302 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT 895 F.2d 1469 ; 1990 U.S. App. LEXIS 1600 ; 54 Fair Empl. Prac. Cas. (BNA) 184 ; 52 Empl. Prac. Dec. (CCH) P39,635 ; 5 I.E.R. Cas. (BNA) 1471 September 7, 1989, Argued February 8, 1990, Filed PRIOR HISTORY: [**1] Appeal from the United States District Court for the Eastern District of Pennsylvania, D.C. Civil No. 88-4101. CASE SUMMARY: PROCEDURAL POSTURE: Plaintiff employees ap- pealed a decision of the United States District Court for the Eastern District of Pennsylvania in an action against defendant employers. Plaintiffs brought the action for in- tentional infliction of emotional distress, sexual harass- ment under 42 U.S.C.S. ß 1983 , and a hostile work envir- onment under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. ß 2000(e) et seq. OVERVIEW: Plaintiff employees filed an action against defendant employers for intentional infliction of emotional distress and for sexual harassment under 42 U.S.C.S. ß 1983 and Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.S. ß 2000(e) et seq. The dis- trict court ruled in favor of defendants except on the ß 1983 claims against plaintiffs' immediate supervisors. The court affirmed the judgment in part and vacated and remanded in part. The court held that there had to be a new trial on the issue of ß 1983 damages and as to the Title VII claims. The court held that plaintiffs' immediate supervisors were not protected by qualified immunity. The court found that the police commissioner was the "policymaker" and that because he did not acquiesce to or authorize the sexual discrimination the city could not be held liable for that discrimination under ß 1983 . The court held that the integrity of the jury's conclusions re- garding the environment of pervasive sexual discrimina- tion at plaintiffs' division of the police department was unaffected by the judgment-notwithstanding-the-verdict and had to be respected by the district court in its de- cision on the Title VII claim. OUTCOME:
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Documents - Page 1 LEXSEE 895 F.2D 1469 PRISCILLA KELSEY...

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