Clarke v. Statewide Auto Repair, Inc.
2:22-cv-07942
E.D.N.YMay 29, 2025Background
- Steven Clarke, an African American FDNY lieutenant, alleged that Statewide Auto Repair, Inc. and employee William Stegman discriminated against him during an August 13, 2021, roadside assistance incident, including Stegman using racial slurs and pointing a gun at Clarke.
- Clarke sought damages under 42 U.S.C. § 1981 and various New York civil rights and tort laws for racial discrimination, intentional and negligent infliction of emotional distress, assault and battery, and lost wages.
- The court previously entered a default judgment on liability against the defendants.
- A hearing was held to determine damages; Clarke provided testimony and treatment notes indicating PTSD and ongoing therapy due to the incident.
- Clarke claimed significant lost overtime wages due to missing a special FDNY assignment as a result of emotional distress from the incident.
- The court considered the sufficiency of evidence for each damage category and addressed requests for lost wages, emotional distress, punitive damages, and attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for Civil Rights/Tort Claims | Defendants engaged in racially motivated misconduct causing harm | No appearance (defaulted) | Defendants liable under § 1981 and NY civil rights/tort laws |
| Lost Overtime Wages | Entitled to $35,200 for missed FDNY assignment | No appearance (defaulted) | Awarded $17,600 based on credible but undocumented estimate |
| Emotional Distress Damages | Suffered PTSD, ongoing distress, requests $385,000 | No appearance (defaulted) | Awarded $75,000 based on significant (not egregious) distress |
| Attorney’s Fees | Requested $19,500 (unsupported by records) | No appearance (defaulted) | Denied due to lack of time records and documentation |
Key Cases Cited
- Reed v. A.W. Lawrence & Co., 95 F.3d 1170 (2d Cir. 1996) (defines back pay as remedy for past discrimination)
- Tomka v. Seiler Corp., 66 F.3d 1295 (2d Cir. 1995) (back pay under § 1981 is not time-limited)
- Sir Speedy, Inc. v. L&P Graphics Inc., 957 F.2d 1033 (2d Cir. 1992) (standard for estimating damages with reasonable certainty)
- BMW of N. Am. Inc. v. Gore, 517 U.S. 559 (1996) (guides punitive damages evaluation)
- Arbor Hill Concerned Citizens Neighborhood Ass’n v. Cnty. of Albany, 522 F.3d 182 (2d Cir. 2008) (standard for calculating reasonable attorney’s fees)