Appeals court: No new trial in Venice discrimination case levied by Black officer

A U.S. appeals court has denied a motion by the city of Venice for a new trial after a jury found an African-American officer had suffered discriminatory actions against him by fellow officers and superiors.

Venice filed an appeal following a jury’s decision in February 2022 in favor of Officer Kenite Webb, who filed a lawsuit in 2019 saying there were several discriminatory actions taken against him by Venice Police Department officers and superiors in violation of Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act, according to a federal complaint.

The lawsuit, which was filed on Dec. 11, 2019, stemmed from multiple events spanning from 2017 through 2018 in which Webb alleged he faced discriminatory actions and followed a complaint filed to the Equal Employment Opportunity Commission in November 2018. The lawsuit was filed in the U.S. District Court in Tampa.

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Englewood-based attorney Kerry Mack, senior partner of the Mack Law Firm, said they are thankful for the 11th Circuit's rapid ruling with oral arguments being heard on March 6 and the court releasing its opinion on March 11.

"I think that that is a reflection of the merits of the appeal," Mack said. "There were no merits, so it was easy for them to rule quickly. It's very hard for an appellate court to overturn a jury verdict, very hard."

Mack added they are a step closer to Webb receiving the $50,000 in damages awarded to him by the jury, but the city could still ask for a rehearing on the matter.

When reached Tuesday, a spokesperson with the city of Venice first declined to comment but then responded Wednesday morning after the city officials were able to review the decision.

"Following the initial verdict in this trial the city was advised to appeal on a legal basis but now fully accepts the appeal court’s ruling," HR Director Alan Bullock said in a statement. "Officer Kenite Webb is and will remain one of our police department's finest, most experienced and valued police officers."

Venice tries for new trial following verdict

Webb said in the lawsuit he was repeatedly called "n*****" while on the job, and while he made complaints to department leadership, nothing was done.

"On an ongoing basis, various supervisors and officers made racially motivated offensive gestures and derogatory comments to Webb and verbally ridiculed and criticized Webb’s race," the lawsuit states.

The complaint states Webb was "continually and repeatedly subjected to severe and pervasive race discrimination” through the actions of former Chief Tom Mattmuller, Human Relations Director Allan Bullock, Captains Michael Rose and Eric Hill, Lieutenants Todd Resch and Jessica Chappa, Sergeant Alexandr Gregoire, former Sergeant Ronald Perisho, Master Patrol Officer David Creasy and Officer William Long.

Among some of the other allegations listed in his lawsuit, Webb stated that there was "a racially motivated attempt" to compare him to a primate made by a fellow officer who placed a banana in the trunk of their shared vehicle; that Officer Long told a Venice resident that "Black" was going to be fired; a yellow smiley face with a bullet through the head appeared on Webb’s computer, an investigative report was fabricated to have him decertified and several of his complaints went ignored by his superiors, including Mattmuller, according to previous reporting.

Webb initially filed a complaint with the Equal Employment Opportunity Commission, but it was dismissed after an investigation was “unable to conclude the information establishes violations of the statutes.” However, the ruling didn’t certify that the city was in compliance with Title VII and the Florida Civil Rights Act, according to previous reporting. He received a “right to sue” letter from the EEOC prior to filing the lawsuit against the city.

Following a five-day trial in February 2022, a jury decided in favor of Webb, awarding him $50,000 in compensatory damages for the emotional pain and mental anguish he suffered. The jury found that a member of VPD harassed Webb because of his race, the harassment created a hostile work environment, Webb’s superior officer knew about the hostile work environment but didn’t take prompt remedial action and Webb suffered damages because of the environment, according to the jury verdict form.

The city of Venice filed a motion for a judgment as a matter of law or a new trial, which the district court denied, according to a document in the U.S. Court of Appeals Eleventh Circuit.

The motion filed by the city stated that there was a question about "the sufficiency of the evidence presented at trial to support Webb's claims." It further states that when the jury initially returned with a verdict, they indicated Webb didn't prove one element of the case: that Webb's supervisor failed to take prompt remedial action to eliminate the hostile work environment but awarded Webb damages anyway.

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The judge then directed the jury to reconvene to review the verdict form and when they returned, they changed their response indicating Webb had proven all the elements and should be awarded damages, according to the motion.

"Notwithstanding the Altered Verdict, the city is entitled to judgment as a matter of law because 'the facts and inferences point so overwhelmingly in favor of [the city] that reasonable people could not arise at a contrary verdict,'" the motion states.

The city's attorneys argued in the motion that the evidence at trial didn't prove that Webb suffered from racial harassment that created a hostile work environment, that the city knew or should have known about the alleged hostility, that the city failed to take prompt remedial action, and that Webb suffered damages as a result.

The motion added that city officials alternatively asked for a new trial because of the altered verdict, there being substantial errors in admission to some evidence including a "Black Suspect" book, the smiley face, purported comparators, and a complaint letter alleging a violation, and that the judge should have entered a verdict in favor of the city based on the initial verdict.

Webb's response to the motion for a judgment as a matter of law or a new trial indicated that the city's "argument defies logic and represents a desperate attempt to overturn the well-reasoned jury verdict."

Webb's response further stated the jury's decision was based on the evidence presented during the trial and that the jury simply corrected a "glaring error" in response to the fourth question without disturbing "its finding of ultimate liability on the part of the city." In response to the city's motion that the evidence at trial didn't prove that Webb suffered from racial harassment, Webb listed at least 16 instances as examples from witness testimony and evidence in the trial.

"The foregoing evidence adduced at trial was sufficient to support the jury’s finding that the workplace WEBB was subjected to was so polluted with race-based discrimination that it was a hostile work environment which adversely affected the terms and conditions of his employment," the response stated.

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on X: @GabrielaSzyman3.

This article originally appeared on Sarasota Herald-Tribune: Appeals court denies new trial for city of Venice in civil rights case