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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 18-12598
Non-Argument Calendar
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D.C. Docket No. 1:14-cv-01188-RWS
MYRA FURCRON,
Plaintiff-Appellee-Cross Appellant,
versus
MAIL CENTERS PLUS, LLC,
Defendant-Appellant-Cross Appellee.
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Appeals from the United States District Court
for the Northern District of Georgia
________________________
(June 12, 2019)
Before WILSON, BRANCH, and JULIE CARNES, Circuit Judges.
PER CURIAM:
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Myra Furcron successfully sued Mail Centers Plus, LLC (MCP) for sexual
harassment in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e.
Although the jury determined that Furcron “suffered damages because of the
hostile work environment,” it did not award her any monetary damages. The
district court then granted equitable relief. Namely, it ordered MCP to (1) update
its Title VII compliance training and (2) include a copy of Furcron’s complaint and
the jury’s verdict in her personnel file. In the same order, the district court denied
Furcron’s motion for a new trial on damages or to amend the verdict. Both parties
appealed.
On appeal, MCP argues that the district court abused its discretion by
granting these forms of equitable relief because (1) Furcron would not personally
benefit from the order requiring MCP to update its training polices, as she is no
longer an employee, and (2) the verdict documents are unrelated to Furcron’s
termination, so including them in her personnel file is unnecessary.
Furcron argues in her cross-appeal that the district court erred in denying her
motion for a new trial on damages and to amend the jury verdict. She argues that a
new trial on damages is warranted because it was inconsistent for the jury to find
that she suffered damages from a hostile work environment, but then to refuse to
award her monetary compensation for her emotional pain and mental anguish.
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Alternatively, she argues that the district court should have awarded her nominal
damages.
We address each argument in turn and, ultimately, affirm in part and vacate
in part.
I. Factual and Procedural Background
Furcron sued her former employer, MCP, in Georgia state court on March 7,
2014. She alleged that another employee, Danny Seligman, sexually harassed her
and, after she complained, the company retaliated against her by firing her. She
asserted that MCP’s actions constituted impermissible sex discrimination and
retaliation, in violation of her Title VII rights.
MCP removed Furcron’s action to federal court. Following discovery, MCP
moved for summary judgment on both claims. The district court granted the
motion. On appeal, we affirmed the grant of summary judgment on her retaliation
claim and vacated and remanded on her sexual harassment claim. Furcron v. Mail
Ctrs. Plus, LLC, 843 F.3d 1295 (11th Cir. 2016).
After the trial, the court prepared draft jury instructions. The parties did not
raise any objections relevant to this appeal. Questions One and Two of the verdict
form asked the jury whether Seligman harassed Furcron because of her gender and
whether that harassment created a hostile work environment. Questions Three and
Four asked whether Furcron’s supervisor knew or should have known of the
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hostile work environment and, if so, whether he took prompt remedial action to
eliminate the hostile work environment. Question Five then asked whether
“Furcron suffered damages because of the hostile work environment.” Question
Six asked whether “Furcron should be awarded damages to compensate for
emotional pain and mental anguish due to the hostile work environment.”
During closing arguments, Furcron’s counsel explained the verdict form to
the jury. Addressing Question Five, counsel explained that the testimony showed
that Furcron could not sleep, had nightmares, feared for her safety, gained weight,
started drinking again, and was depressed, all of which showed that she suffered
damages and should be awarded money. As to Question Six, counsel stated that
emotional distress damages are those that the jury thought was fair compensation
for what Furcron went through.
The court then instructed the jury. In relevant part, the court stated that the
jury could only hold MCP responsible for the hostile work environment if
Furcron’s supervisors or someone with the proper authority knew or should have
known of the hostile work environment and permitted it to continue by failing to
take remedial action. As to the question of damages, the court stated that the jury
could not consider any damages related solely to her suspension or discharge, as
the case did not include a claim related to those actions. The court stated that
Furcron did not have to introduce evidence of a monetary value for intangible
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damages like mental anguish, and there was no exact standard for the jury to apply
in determining what amount would fairly compensate her.
The jury determined that Seligman harassed Furcron, the harassment created
a hostile work environment, her supervisor knew or should have known of the
hostile work environment, and her supervisor failed to take prompt remedial action
to eliminate the hostile work environment. As to Question Five, the jury found
that Furcron suffered damages because of the hostile work environment. As to
Question Six, however, the jury found that she should not be awarded damages to
compensate for the emotional pain and mental anguish.
The court then asked the parties if they had any objections to the verdict
form. Furcron stated that she did not, but argued that the verdict was inconsistent.
The court disagreed, concluding that the verdict was not irreconcilable because the
jury could follow the instructions and still reach the verdict that it did. For
example, the court reasoned, the jury could have felt that she suffered damages but
failed to prove them, or the jury may have felt that she was damaged but was not
entitled to money for the kind of damage that she suffered. The court therefore
concluded that there was no basis for not accepting the verdict.
Following trial, Furcron moved for equitable relief and a new trial on
damages. In her motion for equitable relief, she asked the district court to order
MCP to: (1) remove records relating to her termination from her personnel files or
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require MCP to include a copy of the verdict in her personnel file; (2) refrain from
interfering with her future employment; (3) re-train company management
regarding Title VII compliance; and (4) post the verdict in her workplace. In her
motion for a new trial on damages, Furcron argued that the jury’s failure to award
her any monetary amount was inconsistent with its finding that she suffered
damages. She argued that the inconsistent findings could not be reconciled, so a
new trial on damages was appropriate. Alternatively, Furcron argued that the
district court should amend the verdict to correct the legal error and award her
nominal damages.
The district court granted in part and denied in part Furcron’s motion for
equitable relief and denied her motion for a new trial and to amend the judgment.
First, the court found that the jury’s answers regarding damages were not
inconsistent because, as stated, the jury could have felt that she suffered damages
but failed to prove them, or the jury may have felt that she was damaged but was
not entitled to money for the kind of damage that she suffered. And, for the same
reason, the court found that there was no legal error that must be corrected, so it
refused to amend the verdict to award nominal damages.
But because the jury found that MCP violated Title VII, the court concluded
that it had discretion to grant equitable relief to remedy that violation. The court
ordered MCP to (1) implement a new training program to train management on
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how to deal with Title VII harassment cases and (2) include a copy of the verdict in
Furcron’s personnel file, if MCP also included documents relating to Furcron’s
termination in her personnel file.
Following entry of the court’s order, MCP appealed, and Furcron cross-
appealed.1
II. Equitable Relief
We review a district court’s grant of equitable relief in a Title VII case for
abuse of discretion. See Gowski v. Peake, 682 F.3d 1299, 1310 (11th Cir. 2012)
(per curiam). “A district court abuses its discretion if it applies an incorrect legal
standard, applies the law in an unreasonable or incorrect manner, follows improper
procedures in making a determination, or makes findings of fact that are clearly
erroneous.” Brown v. Ala. Dep’t of Transp., 597 F.3d 1160, 1173 (11th Cir. 2010)
(quotation omitted).
The purpose of Title VII is to make victims whole following unlawful
discrimination, and courts have broad discretion to fashion the “most complete
relief possible.” Gowski, 682 F.3d at 1314 (quotation omitted). If the district court
finds that an employer has engaged in an unlawful employment practice, the court
may enjoin the employer from engaging in such unlawful employment practice and
1
The order designated in MCP’s Notice of Appeal also granted Furcron’s motion for attorney’s
fees, but issues relating to the award of attorney’s fees are addressed in a separate appeal.
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order any equitable relief as the court deems appropriate. 42 U.S.C. § 2000e-
5(g)(1).
We have held, however, that in a Title VII action brought by an individual
plaintiff, the plaintiff must be part of the class that will benefit from any injunctive
relief awarded. Carmichael v. Birmingham Saw Works, 738 F.2d 1126, 1136 (11th
Cir. 1984). In Carmichael, the plaintiff sought injunctive relief ordering his former
employer to adopt policies to remedy the effects of past discrimination. Id.
Because he did not seek reinstatement or otherwise show how he would personally
benefit from the requested relief, we determined that the relief was unnecessary to
the just disposition of the action and was therefore inappropriate. Id.; see also
Wallace v. Dunn Const. Co., Inc., 62 F.3d 374, 380 (11th Cir. 1995) (stating that, if
plaintiff prevailed on her Title VII claims, injunctive relief would not be
appropriate because she was no longer employed with the defendant company);
Dybczak v. Tuskegee Inst., 737 F.2d 1524, 1527 (11th Cir. 1984) (“[I]n a suit
brought in the plaintiff’s individual capacity, injunctive relief benefiting nonparties
is not required if it in no way relates to the vindication of the plaintiff’s rights.”).
Here, the district court abused its discretion when it ordered MCP to institute
additional training to prevent harassment. Furcron was not entitled to seek
equitable relief from which she would not personally benefit. See Carmichael, 738
F.2d at 1136. And because she is no longer a MCP employee, she would not
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personally benefit from any additional managerial training; therefore, such relief
was inappropriate. Furcron relies on non-controlling cases to argue that, in some
circumstances, a court may fashion relief that will not personally benefit the
plaintiff. See, e.g., Briscoe v. Fred’s Dollar Store, Inc., 24 F.3d 1026, 1028–29
(8th Cir. 1994); EEOC v. Boh Bros. Const. Co., LLC, 731 F.3d 444, 451, 470 (5th
Cir. 2013) (en banc). But she does not dispute Carmichael’s holding, which is
binding. Accordingly, we vacate the district court’s order to the extent that it
requires MCP to institute additional training.
We affirm, however, the order to the extent that it requires MCP to include a
copy of the complaint and verdict in Furcron’s personnel file. The court was
entitled to fashion the “most complete relief possible,” and Furcron would benefit
from having those documents included in her file to provide the full context of her
employment. Gowski, 682 F.3d at 1314 (quotation omitted).
III. Motion for a New Trial
We review a district court’s denial of a motion for a new trial for abuse of
discretion. McGinnis v. Am. Home Mortg. Servicing, Inc., 901 F.3d 1282, 1288
(11th Cir. 2018). A damages award is reviewed for clear error. Millennium
Partners, L.P. v. Colmar Storage, LLC, 494 F.3d 1293, 1303 (11th Cir. 2007).
A verdict is inconsistent when there is “no rational, non-speculative way to
reconcile . . . two essential jury findings.” Reider v. Philip Morris USA, Inc., 793
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F.3d 1254, 1259 (11th Cir. 2015) (quotation omitted). The district court must
attempt to reconcile an inconsistent verdict and, if a view of the case makes the
answers consistent, the court must adopt that view. Id. If the verdict cannot be
reconciled, the court may order a new trial. Id. The district court may grant a new
trial on all issues, some issues, or solely on damages. See Fed. R. Civ. P. 59(a)(1);
see also Mekdeci v. Merrell Nat. Labs., a Div. of Richardson-Merrell, Inc., 711
F.2d 1510, 1513 (11th Cir. 1983).
Federal Rule of Civil Procedure 59(e) authorizes a court to reconsider or
amend a judgment. “The only grounds for [a Rule 59(e)] motion are newly-
discovered evidence or manifest errors of law or fact.” Arthur v. King, 500 F.3d
1335, 1343 (11th Cir. 2007) (quoting In re Kellogg, 197 F.3d 1116, 1119 (11th Cir.
1999)).
Here, the district court did not abuse its discretion in denying Furcron’s
motion for a new trial. The jury’s finding that Furcron suffered damages as a
result of the hostile work environment did not necessarily indicate that it believed
that she suffered emotional pain and mental anguish for which she should be
compensated. Rather, the jury simply may have believed that she suffered
damages, but the damages were not severe enough to warrant compensation.2
2
Other circuits agree that “a finding of liability but no damages does not necessarily render a
verdict fatally inconsistent.” Rogers v. McDorman, 521 F.3d 381, 369 (5th Cir. 2008); see also
Dairy Farmers of Am., Inc. v. Travelers Ins. Co., 391 F.3d 936, 945 (8th Cir. 2004) (“[A] jury’s
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Accordingly, it was not an abuse of discretion to deny Furcron’s motion for a new
trial as to damages. Reider, 793 F.3d at 1259 (holding that, where an allegedly
inconsistent verdict can be reconciled, it should be left untouched). 3
Furcron argues that this result is contrary to Davis v. Becker & Associates,
Inc., 608 F.2d 621, 623 (5th Cir. 1979). But Davis is distinguishable. There, the
jury found the defendant liable for the plaintiff’s injuries and awarded plaintiff
backpay and future wages. Id. at 622. The jury, however, did not award the
plaintiff damages for pain and suffering. Id. The former Fifth Circuit concluded
that this verdict was inconsistent. Id. at 623. According to the Court, awarding the
plaintiff lost earnings necessarily meant the jury found that he was totally disabled
as a consequence of the defendant’s negligence. Id. And it is inconsistent, the
court reasoned, to simultaneously conclude (1) that someone was totally disabled
due to an injury and (2) that injury did not cause that person pain and suffering.
No similar inconsistency exists here. Id.; cf. Arceneaux v. Mike Hooks, Inc., 15
finding of liability without a corresponding award of damages does not invalidate the verdict.”);
Zhang v. Am. Gem Seafoods, Inc., 339 F.3d 1020, 1036 (9th Cir. 2003) (“[T]he federal rule is
that failure to award damages does not in itself render a verdict invalid.”).
3
MCP also argues that the jury could have reasonably concluded that Furcron suffered damages,
but that those damages were a result of her termination, not the sexual harassment. But this
argument ignores the plain language of the jury instruction, which asked the jury to decide
whether “Ms. Furcron suffered damages because of the hostile work environment.” The jury
found that Furcron indeed suffered damages as a result of the hostile work environment, not the
termination.
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F.3d 1079 (5th Cir. 1994) (per curiam) (employing the same reasoning to
distinguish Davis in a similar case).
Lastly, Furcron urges us to amend the verdict. She argues that the
inconsistent verdict represents a “legal error.” But, for the reasons previously
stated, we find the verdict consistent. We therefore affirm the district court’s
denial of her motion to amend the verdict.
AFFIRMED IN PART AND VACATED IN PART.
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