NEW HAVEN - A Superior Court jury has awarded more than $250,000 each to two firefighters who had filed a lawsuit over the city’s promotional practices.
One plaintiff, Lt. John Brantley, was awarded $260,478. The jury gave Lt. Christopher Texeira a $250,632 award.
The awards include back pay for what the men would have earned if they had been promoted to captain and non-economic damages.
The trial before Judge Thomas Corradino culminated last week.
Attorney Martyn Philpot Jr., who represented the plaintiffs, said the judgment against the city may grow, as the court still has to consider the cost of the plaintiffs’ attorney fees.
"I think this (demonstrates) that the plaintiffs were absolutely right and courageous in standing up against an unfair manipulation of promotional practices in the fire department," Philpot said.
The plaintiffs, who are black, claimed that they were discriminated against based on their race.
"There was preferential treatment shown to white firefighters, to (the plaintiffs’) detriment," Philpot said.
Brantley was fired from the department, but Texeira still works there. The fire commission determined Brantley improperly copied a personnel list from the deputy fire chief’s computer. Brantley is appealing his termination.
Attorney Audrey Kramer, who represented the city and fire department, said she is disappointed with the verdict.
"We don’t feel we discriminated against Mr. Brantley or Mr. Texeira," Kramer said. "We plan to file a motion to set aside the verdict, and we are optimistic the judge will grant it."
The lawsuit centered around a practice called underfilling, which the plaintiffs claim was illegal and discriminatory and benefited whites more than blacks.
Philpot said his clients would have made captain, but for underfilling.
Underfilling allowed the fire department to continue making promotions even when a specific rank was filled.
For example, in 1998, the fire department had 58 lieutenants even though the department budget called for 48. The administration funded the extra officers by inserting them into budgetary slots for captain and battalion chief.
Michelle Tuccitto can be reached at mtuccitto@nhregister.comor at 789-5615.
İNew Haven Register 2005