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NEW BEDFORD — In a rare move, a Bristol County judge on Monday overturned a jury’s ruling that a male police officer retaliated against a former female officer who had complained about alleged gender discrimination. The judge said the verdict cannot stand due to inadequate evidence and the court’s failure to properly instruct the jury.
The order is a win for the city, which was on the hook for $127,000 in damages. But counsel for the plaintiff, former officer Macaila Saunders, said he plans to appeal the judge’s ruling to the state’s Appeals Court, extending a case that began in 2021 for at least several more months.
Citing anticipated litigation on the matter, city public information officer Jonathan Darling in an email Wednesday said the city declines to comment. The police department also declined to comment.
Saunders sued the city four years ago after leaving the New Bedford Police Department, filing claims of gender discrimination and retaliation, though the gender discrimination claim was dismissed upon agreement by both parties. The jury’s verdict in March affirmed her claim of retaliation by now-Assistant Deputy Chief Scott Carola and the City of New Bedford.
The jury had ordered damages of $50,000 for emotional distress, and $77,000 to cover wages Saunders would have earned had she continued to work in New Bedford.
In April, the City of New Bedford filed motions to dismiss the verdict and hold a new trial. This week, Judge William White Jr. granted the motion to overturn the jury’s verdict.
“The Court’s failure to instruct the jury that they could not base their retaliation verdict on conduct outside the statute of limitations was prejudicial, given the overall weakness of Saunders’ case,” White wrote in his 17-page decision. “The omission of an instruction with respect to the statute of limitations almost certainly contributed to a verdict that is, in the Court’s view, against the weight of credible evidence.”
White also determined the jury’s $50,000 award for damages was “grossly disproportionate” and represented a “miscarriage of justice” based on the evidence presented.
The judge wrote in his order that if he is wrong and Saunders did establish enough evidence to retain the verdict, then the city and Carola would be entitled to a new trial.
Christopher Trundy, Saunders’ attorney, interpreted this to mean that if a higher court were to find that the jury was correct in its determination that Carola retaliated against Saunders, then White has laid the groundwork for a new trial in order to re-assess damages.
Trundy maintains White erred in his ruling.
“We believe the jury’s work should have been respected and is not being respected here,” he said. “The judge’s analysis is inconsistent with the evidence.”
Saunders’ counsel has 30 days to submit an appeal. Trundy said the process can take several months once it is filed.
Email Anastasia E. Lennon at alennon@newbedfordlight.org.
Tough year for women coming forward to complain about poor treatment at the hands of powerful men.