finding sufficient evidence of purposeful gender discrimination where the plaintiff detective was prevented from taking or participating in several assignments and the captain said on one of those occasions that “this is no job for a woman”
How later courts described this case
- finding sufficient evidence of purposeful gender discrimination where the plaintiff detective was prevented from taking or participating in several assignments and the captain said on one of those occasions that “this is no job for a woman”
- holding that defendants waived argument that evidence of their financial status is a prerequisite to punitive damages because they failed to present the argument "with sufficient specificity to alert the district court”
- writing that “the rule [Judge Higginbotham] would adopt is at odds with circuit precedent” and citing Bennis v. Gable, 823 F.2d 723, 734 n. 14 (3d Cir.1987) in which the circuit wrote that '“[w]e reject the defendants’ contention that evidence of their financial status was a prerequisite to the imposition of punitive damages.”
- rejecting the defendant's contention that the arbitration hearing between the plaintiff and the defendant "was an optional internal administrative proceeding" and would thus be an abuse of discretion "to grant any attorneys' fees in respect of the time spent on the labor arbitration proceeding"
Written by the judges who cited it.
The opinion
SUR PETITION FOR PANEL REHEARING WITH SUGGESTION FOR REHEARING IN BANC
Jan. 21, 1993.
Present: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCI-RICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, Circuit Judges, and HIGGINBOTHAM, Senior Circuit Judge. *
The petition for rehearing filed by Appellants, having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges in active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is DENIED.
MANSMANN, Circuit Judge, would have granted rehearing.