Case: Bremiller v. Cleveland Psychiatric Institute

1:94-cv-01151 | U.S. District Court for the Northern District of Ohio

Filed Date: June 3, 1994

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On June 3, 1994, an individual employee filed a lawsuit against her employer, the Cleveland Psychiatric Institute ("CPI"), as well its director, CEO, and the alleged co-conspirators, in the United States District Court for the Northern District of Ohio. She alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; 42 U.S.C. §§ 1983 and 1985; of the Fifth and Fourteenth Amendments to the Constitution; and of Ohio's anti-discrimination statute, O.R.C. § 4112. T…

On June 3, 1994, an individual employee filed a lawsuit against her employer, the Cleveland Psychiatric Institute ("CPI"), as well its director, CEO, and the alleged co-conspirators, in the United States District Court for the Northern District of Ohio. She alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; 42 U.S.C. §§ 1983 and 1985; of the Fifth and Fourteenth Amendments to the Constitution; and of Ohio's anti-discrimination statute, O.R.C. § 4112. The plaintiff, who was represented by private counsel, alleged sex discrimination, a hostile work environment, sexual harassment, retaliatory discharge, defamation, tortious interference with contract, intentional infliction of emotional distress, assault and battery, and false imprisonment. She asked the court for damages and injunctive relief. Specifically, the plaintiff contended that she and other female staff members were sexually harassed by male coworkers throughout the entirety of her employment, in the form of threats, physical intimidation, sexual jokes, and unwanted touching and groping. She claimed that the harassment was reported, yet CPI took no action, and further alleged that CPI never addressed the issue of sexual harassment, not even during equal employment opportunity ("EEO") orientation. The plaintiff was terminated after a reported incident in which she was harassed at gunpoint, and she claimed that it was easier to fire her than the perpetrator because she was a non-union employee. The EEOC gave the plaintiff the right to sue.

On January 12, 1995, the court (Judge Oliver) granted in part and denied in part the defendants' motion to dismiss the claims. The court allowed the suit to proceed with respect to damages only against the individual co-workers, finding that CPI, as a state-run agency, was immune from suit under the 11th Amendment. The court denied the motion to dismiss as to the plaintiff's claims against CPI under Title VII, as well as the plaintiff's claims against individual defendants under U.S.C. § 1983 and 1985. This same day the court granted class certification to all the women subject to sexual harassment and whose claims were ignored by CPI between Feburary 4, 1993, and the date of the trial.

On February 29, 2000, the court (Judge Oliver) denied the defendants' motion to decertify the class and granted in part and denied in part the defendants' motion for summary judgment, holding that that the plaintiff's sexual harassment and equal protection claims should be tried as a class, but the retaliation claim must be tried as an individual.

On December 18, 2000, the court (Judge Oliver) approved a settlement agreement. The named plaintiff received $1,251,240 on back pay and other damages, and other class members were awarded damages as well, adding up to $2,630,628. Additionally, the defendants agreed to pay the plaintiffs' attorney fees, totaling over $600,000.

Summary Authors

Emily Kuznick (4/10/2008)

People


Judge(s)

Oliver, Solomon Jr. (Ohio)

Attorneys(s) for Plaintiff

Bloom, Steven E. (Ohio)

Crist, Karen Marie (Ohio)

Schulman, Howard A. (Ohio)

Attorneys(s) for Defendant

Anderson, Carl E. (Ohio)

Foley, Mary Beth (Ohio)

Friedell, Katherine Anderson (Ohio)

Greenberg, Jonathan D. (Ohio)

Griffin, Robert L. (Ohio)

Noall, Nancy A. (Ohio)

Judge(s)

Oliver, Solomon Jr. (Ohio)

Attorneys(s) for Plaintiff

Bloom, Steven E. (Ohio)

Crist, Karen Marie (Ohio)

Schulman, Howard A. (Ohio)

Attorneys(s) for Defendant

Anderson, Carl E. (Ohio)

Foley, Mary Beth (Ohio)

Friedell, Katherine Anderson (Ohio)

Greenberg, Jonathan D. (Ohio)

Griffin, Robert L. (Ohio)

Noall, Nancy A. (Ohio)

Turner, Franzetta D. (Ohio)

Weisberg, Patricia F. (Ohio)

Documents in the Clearinghouse

Document

1:94-cv-01151

Docket

Bremiller v. Cleveland Psychiatry Institute, et al

March 27, 2002

March 27, 2002

Docket
33

1:94-cv-01151

Opinion - Class Certification

879 F.Supp. 782, 1995 U.S.Dist.LEXIS 2577

Jan. 12, 1995

Jan. 12, 1995

Order/Opinion
52

1:94-cv-01151

Memorandum Opinion and Order

Bremiller v. Cleveland Psychiatry Institute, et al

898 F.Supp. 572, 1995 U.S.Dist.LEXIS 20247

Aug. 25, 1995

Aug. 25, 1995

Order/Opinion
244

1:94-cv-01151

Opinion

Bremiller, et al. v. Cleveland Psychiatric Institute

195 F.R.D. 1, 2000 U.S.Dist.LEXIS 14018

Feb. 29, 2000

Feb. 29, 2000

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:17 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: June 3, 1994

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women employees at the Cleveland Psychiatric Institute with claims of sexual harassment and discrimination which accrued between February 4, 1993 and December 1, 1993.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cleveland Psychiatric Institute, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2,630,628

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Race:

Race, unspecified

Affected Gender:

Female