Civil Rights Complaints in US District Courts, 1990-2006 - Bureau of ...

Percent of civil rights cases concluded by trialdeclined from 8% in 1990 to 3% in 2006Of the 17,985 civil rights complaints disposed in 1990, 8%were terminated by trial, while in 2006, 3% of the 33,108civil rights claims concluded in federal courts ended in atrial (table 4). Other cases concluded by a judgmentremained steady during this period at about a quarter ofterminations. This category of terminations included judgmentby defaults, consent, motions before trial, and judgmentsthrough formal arbitration procedures adopted bythe court.The percentage of civil rights cases dismissed from U.S.district courts increased from 66% in 1990 to 75% in 2003,and decreased slightly to 72% in 2006. Civil rights dismissalsfollowed the same trend as out of court settlements andvoluntary dismissals. Out of court settlements rose from31% to 39% of all civil rights dispositions between 1990and 2003. Voluntary dismissals increased from 8% to 13%of all civil rights dispositions between 1990 to 2003. Since2003, both the settlement and voluntary disposition categorieshave declined slightly. Settlements accounted for 37%and voluntary dismissals accounted for 11% of civil rightsdispositions by 2006.The proportion of civil rights dismissals which occurred dueto lack of jurisdiction declined from 8% in 1990 to 2% in2006. From 1990 to 2006, civil rights cases dismissedbecause of want of prosecution remained at about 4%.In 1990, welfare civil rights cases (3%) were the least likelyto go to trial while employment discrimination cases (9%)were the most likely to reach trial (table 5). In 2006 the percentof civil rights cases ending in trial exhibited a smallerrange across all categories, varying between two and threepercent.Table 3. Civil rights complaints with the U.S. government involved as plaintiff or defendant filed in U.S.district courts, by type, 1990-2006U.S. government as plaintiffU.S. government as defendantYear Total Employment Voting Housing Welfare Other* Total Employment Voting Housing Welfare Other*1990 747 601 10 37 5 94 1,736 876 6 20 17 8171995 668 410 8 115 -- 135 2,358 1,275 12 38 13 1,0202000 633 425 16 50 -- 142 2,387 1,362 10 32 7 9762001 710 516 7 55 1 131 2,322 1,270 15 43 7 9872002 649 464 8 55 1 121 2,380 1,266 17 27 9 1,0612003 599 445 3 34 -- 117 2,315 1,294 5 20 2 9942004 603 435 12 35 1 120 2,262 1,271 9 18 6 9582005 534 420 8 42 -- 64 2,172 1,166 15 22 6 9632006 499 373 16 32 -- 78 1,961 938 12 18 7 986*Types of civil rights cases within the "other" category cannot be distinguished.-- No cases recorded.Source: Annual Report of the Director. Washington, D.C.: Administrative Office of the U.S. Courts (table C-2).Table 4. Civil rights cases concluded in U.S. district courts, by disposition, 1990-2006Percent of cases disposedYearNumber of complaintsdisposed a Total Settled VoluntaryDismissedLack ofjurisdictionJudgmentWant ofprosecution Other Total Trial b Other c1990 17,985 66.2% 30.7% 8.1% 8.3% 5.0% 14.1% 33.8% 7.6% 26.2%1995 30,175 69.4 33.4 11.8 2.0 4.1 18.1 30.6 6.0 24.62000 39,941 72.3 37.6 11.9 1.7 4.1 17.0 27.7 4.1 23.62001 38,612 73.9 38.9 12.2 1.8 4.0 17.0 26.1 3.8 22.32002 38,551 74.2 37.8 12.7 1.8 4.0 17.8 25.8 3.6 22.32003 37,624 74.7 38.5 12.8 1.9 4.0 17.5 25.3 3.4 22.02004 37,407 73.8 37.6 12.0 1.8 4.0 18.5 26.2 2.9 23.32005 36,929 73.6 38.1 11.8 1.7 4.1 17.9 26.4 3.0 23.52006 33,108 72.0 37.0 11.4 1.7 4.4 17.6 28.0 3.0 25.0Note: Does not include prisoner petitions. Percentages may not sum to total due to rounding.a Excludes transfers, remands, and statistical closures.b Trial includes cases disposed of by jury trial, bench trial, and directed verdict. In some cases, the parties may have settled beforethe completion of the trial.c Includes judgments by default, consent, a motion before trial, judgment of arbitrator or by some other final judgment method.Source: Administrative Office of the U.S. Courts, Civil Master File.Civil Rights Complaints in U.S. District Courts, 1990-2006 5

Jury trials increased as a percent of all trialsA jury trial is held before a jury—a selected body of personssworn to give their verdict according to the evidence—andpresided over by a judge. A bench trial is held in theabsence of a jury and decided by a judge.Jury and bench trials each accounted for about half of allcivil rights trials concluded in federal district courts in 1990(figure 1). By 2006, jury trials accounted for 87% of civilrights trials. The growth of jury trials can be partially attributedto Title VII of the Civil Rights Act of 1991, whichallowed jury trials when a plaintiff sought punitive or compensatorydamages in employment discrimination cases.The percentage of employment discrimination trials involvinga jury increased from 40% in 1990 to 86% in 2006 (notshown in a table). The percentage of other civil rights casesdisposed of by jury trial increased from 66% in 1990 to 86%in 2006.On average, plaintiffs won a third of civil rights casesfrom 1990 to 2006; median damage awards rangedfrom $114,000 to $154,500While the percent of civil rights cases terminated by trialdeclined, about a third of plaintiffs won their case at trialfrom 1990 to 2006 (table 6). The percent of plaintiff winnerswho received monetary damages declined from 83% in1990 to 79% in 2006.The estimated median damages awarded to plaintiffsshowed no discernible pattern during the period covered bythis report. Since 1990 the median damage awards haveranged from $114,000 in 2001 to $154,500 in 2005. In 2006the median damages awarded to plaintiffs prevailing in civilrights trials was $150,000.Civil rights complaints brought under Title VII of the CivilRights Act of 1964 or the Americans with Disabilities Act of1990 typically involve a compensatory award for economicdamages. Damages may include losses associated withback pay, interest on back pay, lost benefits, attorney fees,some litigation costs, or other financial losses that the courtdeems appropriate as a result of the defendant’s conduct.The Civil Rights Act of 1991 extended the type of damagesthat could be sought by plaintiffs by allowing claims for noneconomiccompensatory damages and punitive damages.Non-economic compensatory damages reimburse theplaintiff for losses such as emotional pain, suffering, inconvenience,mental anguish, future monetary losses, as wellas loss of enjoyment of life. Punitive damages are intendedto punish a defendant who acted with recklessness, malice,or deceit, and can be awarded in addition to compensatorydamages.The Civil Rights Act of 1991 placed a cap on the totalamount of compensatory and punitive damages that can beawarded, based on the size of the employer. The cap onawards does not apply to complaints of ethnic or racialdiscrimination.Award amounts include both compensatory and punitivedamages. For this report, the types of award amountscannot be distinguished in the data. Monetary informationpresented in this report is for civil rights cases in whichdamages were awarded. Excluded from this analysis werecivil rights complaints in which only court costs and/or attorneysfees were awarded.Table 5. Disposition of civil rights complaints concludedby trial by case type, in U.S. district courts, 1990 and 20061990 2006Case typeNumber ofcomplaintsdisposedPercentconcludedby trial*Number ofcomplaintsdisposedPercentconcludedby trial*Employment 8,206 8.7% 15,950 3.2%Housing 290 6.6 718 2.2Voting 125 5.6 118 2.5Welfare 120 3.3 41 2.4Other 9,244 6.8 16,281 2.8Source: Administrative Office of the U.S. Courts, Civil Master File.* Includes jury trials, bench trials, and directed verdicts.Table 6. Plaintiff winners and award amounts in civilrights complaints concluded by trial in U.S. district courts,1990-2006Monetary awardsYearPercentNumber of cases plaintiffterminated by trial a winners bPercent of plaintiffwinners receivingmonetary awardsEstimatedmedianawards b1990 1,321 29.0% 82.8% ...1995 1,727 27.2 81.5 $128,0002000 1,600 34.1 76.3 152,1002001 1,411 35.4 79.2 114,0002002 1,314 32.3 76.7 120,4002003 1,183 31.0 76.0 129,2502004 951 30.8 76.8 128,4002005 830 31.9 73.6 154,5002006 717 30.8 78.7 150,000... Not reported for the year 1990.a Includes jury trials, bench trials, and directed verdicts.b Civil rights trials in which both the plaintiff and the defendant wonwere excluded from the plaintiff winner and award calculation. Awardsadjusted for inflation to 2006 dollars.Source: Administrative Office of the U.S. Courts, Civil Master File.6 Civil Rights Complaints in U.S. District Courts, 1990-2006

Jury awards higher than bench awardsA comparison of civil rights bench and jury trials necessitatedcombining trial data for the years 2000 through 2006because of the limited number of bench trials concludedduring this time period. The rate in which plaintiffs prevailedat trial did not differ appreciably between jury and bench trials.Plaintiffs won in about a third of trials litigated beforeeither a jury or judge (table 7). Bench trials awarded monetarydamages to 59% of plaintiff winners and jury trialsawarded monetary damages to 81% of plaintiff winnersfrom 2000 to 2006.Cases disposed of by jury trial had a median award of$146,125. In comparison, cases disposed of by bench trialhad a median award of $71,500. The 25th percentile forjury trials was $39,925 and the 75th percentile was$380,188. For bench trials, the 25th percentile was$17,880 and the 75th percentile was $292,500 (percentiledata not shown in table).Table 7. Plaintiff winners and median awards for civil rightscases concluded by trial or case type in U.S. district courts,2000-2006Trial orcase typeNumber of Percentcases terminatedby trial a winnersplaintiffbMonetary awardsPercent of plaintiffwinners receivingmonetary awardsMedianawards bTrial typeJury 5,760 33.9% 80.7% $146,125Bench 1,218 33.3 59.0 71,500Case type cEmployment 3,809 36.7% 80.9% $158,460Housing 115 42.6 73.5 ...Other 3,013 29.7 71.6 100,000Note: Civil rights trial data combine the years 2000 through 2006.a Includes jury trials, bench trials, and directed verdicts.b Civil rights trials in which both the plaintiff and the defendant wonwere excluded from the plaintiff winner and award calculation. Awardsadjusted for inflation to 2006 dollars.c Voting rights and welfare cases were too few to provide reliable data....Too few cases to calculate median award.Source: Administrative Office of the U.S. Courts, Civil Master File.Employment discrimination plaintiff winners morelikely to receive a monetary awardIn all civil rights trials concluded between 2000 and 2006,employment discrimination plaintiff winners (81%) weremost likely to receive a monetary award, followed by housingcases (74%), and other civil rights cases (72%).Employment discrimination cases received a medianaward of $158,460 for cases concluded by trial between2000 and 2006. The 25th percentile for employment discriminationcases was $52,065 and the 75th percentile was$374,265 (percentile data not shown in table). The mediandamage award for civil rights trials in the "other civil rights"category was $100,000. For other civil rights cases, the25th percentile was $21,400 and the 75th percentile was$351,000.Case processing time constant between 1990 and 2006The median number of months from filing to disposition forcivil rights cases terminated in federal district courts variedslightly between 9 and 11 months from 1990 to 2006 (table8). Employment discrimination cases generally had thelongest median case processing time, varying between 11and 13 months (not shown in table).Table 8. Number of months from filing of complaint todisposition among civil rights cases concluded in U.S.district courts, 1990-2006Year Number disposedMedianMonthsMean1990 17,985 11.0 15.11995 30,175 9.8 12.62000 39,941 10.9 13.42001 38,612 10.6 13.02002 38,551 10.6 13.02003 37,624 10.6 13.32004 37,407 10.5 13.12005 36,929 10.7 13.22006 33,108 11.0 13.6Source: Administrative Office of the U.S. Courts, Civil Master File.Civil Rights Complaints in U.S. District Courts, 1990-2006 7

Prisoner petitions in state and federal courts, 1990-2006Various legislation and U.S. Supreme Court caseshave allowed state and federal inmates to sue forviolations of certain constitutional rights.• In 1941, prisoners were permitted to file claims againststate officials for violations of constitutional rights, includingthe right to religious freedom, freedom of speech andassociation, due process, racial discrimination, and crueland unusual punishment. (Ex parte Hull, 312 U.S. 546(1941))• The U.S. Supreme Court granted inmates the right tobring lawsuits against federal officials who violate theirconstitutional rights in 1963. (United States v. Muniz,374 U.S. 150 (1963))Following the passage of the Prison Litigation ReformAct of 1996, which restricted the rights of inmates tosue in federal court, complaints filed by federal (20%)and state (31%) inmates declined in 1997.From 1999 to 2006, the number of civil rights prisonpetitions filed in U.S. district courts stabilized at about24,500 cases filed on average per year. Prisonpetitions involving state inmates declined by 7% from24,732 filings in 1999 to 23,122 filings in 2006. Incomparison, federal inmate prison petitions increasedfrom 962 filings in 1999 to 1,334 filings in 2004 anddeclined to 1,116 filings by 2006.From 1990 to 1996, prisoner petitions by federalinmates varied from about 900 to 1,200, with a high of1,219 in 1996. Petitions from state inmates increasedfrom 24,843 to 39,996. Total filings showed a steadyincrease from 25,992 in 1990 to 41,215 in 1996.State prison petitions declined after the Prison LitigationReform Act of 1996Number of prisoner petitions filed in U.S. district courts45,00040,000Federal prisoner petitions filed in U.S. district courtsranged from a low of 910 in 1992 to a high of 1,334 in 2004Number of federal prisoner petitions filed in U.S. district courts1,6001,40035,0001,20030,00025,00020,00015,000StateinmatesAll petitions1,000800600Federal inmate petitions10,0004005,000Figure 501990 1992 1994 1996 1998 2000 2002 2004 2006Note: Includes prisoner petitions involving civil rights andprison condition claims.20001990 1992 1994 1996 1998 2000 2002 2004 2006Note: Includes prisoner petitions involving civil rights andprison condition claims.Figure 68 Civil Rights Complaints in U.S. District Courts, 1990-2006

MethodologyThe primary source of data presented in this report is theAdministrative Office of the U.S. Courts (AOUSC) CivilMaster File. Data tabulations were prepared from the BJSstaff analysis of source agency data sets. The federal civilrights categories used in this report were based on thecodes established by the Administrative Office of theUnited States Courts. Case level information was providedby individual U.S. district courts that submitted data to theAOUSC. No detailed information was available on civilrights cases coded as "other". For civil rights cases thatinvolved filing more than one action, the AOUSC instructedthe plaintiff's attorney to select the most definitive code ifthe cause fit more than one nature of the lawsuit. It was thefirst nature of suit code that was used in the analysis forthis report.For civil rights complaints where more than one basis ofjurisdiction applied, the case was coded according to thehighest priority jurisdiction. Cases in which the U.S. governmentas plaintiff have the highest priority, followed bythe U.S. government as defendant, and federal questions.Calculations pertaining to trial winners and their awardamounts were based on cases in which the winner andaward amount were known and did not include instanceswhere both parties won the case in part. Differencesbetween known amounts and unknown amounts were notquantifiable.The percent of cases concluded by jury trial, bench trial,and directed verdict was calculated using the dispositionvariable available in the AOUSC data (per the recommendationof the AOUSC). Because a previous BJS reportused the procedural progress variable, the percents andnumber of cases may vary slightly between reports.Although the courts record the title and section of the U.S.code for each case, this data field is not required by theAOUSC Statistics Division. It is not recommended forstatistical analysis. For a more detailed explanation of thedifficulties associated with the title and section fields of theAOUSC civil file, see the Report to the Subcommittee onJudicial Statistics on "Increase in Civil Rights Filings", preparedby the Analytical Services Office of AOUSC.Fiscal yearsThe AOUSC reports on federal caseloads by fiscal yearrather than calendar year. The period covered by a fiscalyear changed in 1992. Prior to 1992 the fiscal year startedon July 1 and ended on June 30 of the next year. Thechange in 1992 resulted in the fiscal year beginning onOctober 1 and ending on September 30.Earlier BJS reports on civil rights cases terminated in U.S.district courts were not modified to reflect the current definition.This report modifies slightly the findings of those earlierBJS reports. Data for fiscal years 1990 to 1992 useOctober 1 through September 30 as the fiscal year.For a discussion of findings from earlier BJS studies onCivil Rights litigation in U.S. district courts, see Civil RightsComplaints in U.S. District Courts, 1990-98 (NCJ 173427)at andCivil Rights Complaints in U.S. District Courts, 2000 (NCJ193979) at .Damage awardsDamage award amounts are presented as estimates limitedby data coverage and quality issues. For further informationabout award variables see the AOUSC codebook atthe National Archive of Criminal Justice Data ; the codebook isarchived with studies 4026 and 4059.Civil Rights Complaints in U.S. District Courts, 1990-2006 9

Selected federal civil rights statutesEmploymentThe Civil Rights Acts of 1866 and 1871 were established toenforce the 13th, 14th, and 15th amendments to the U.S.Constitution following the U.S. Civil War (1861-1865). The1866 act prohibits racial discrimination in the making andenforcement of contracts among public and private employers.The 1871 act deals with civil rights violations bygovernment entities. The civil rights acts have beenincreasingly used in employment discrimination cases.The Equal Pay Act of 1963 requires employers to pay menand women equal pay for equal working conditions.Title VII of the Civil Rights Act of 1964 prohibits employerswith 15 employees or more from discriminating on the basisof race, color, religion, sex, or national origin.The Age Discrimination in Employment Act of 1967prohibits discrimination on the basis of age against persons40 years of age or older. This act applies to employers with20 employees or more. This Act was amended by the OlderWorkers Benefit Protection Act in 1990 to ensure that olderworkers have complete and accurate information abouttheir benefits and are not pressured into waiving their rightsunder the Age Discrimination in Employment Act (ADEA).The Rehabilitation Act of 1973 prohibits government contractorswith contracts of $2,500 or more from discriminatingagainst individuals with physical or mental handicaps.Government contracts pursuant to Executive Order 11246must contain an equal opportunity clause and must developand maintain an affirmative action plan. Vietnam veteransmay benefit from affirmative action plans in governmentcontracts under the Vietnam Veterans ReadjustmentAssistance Act of 1974, and the employment of aliens isdealt with in the Immigration Reform and Control Act.The Pregnancy Discrimination Act of 1978 amended TitleVII to prohibit discrimination against employees or jobapplicants on the basis of pregnancy and required employersto treat pregnant employees in the same way asemployees with medical disabilities.The Americans with Disabilities Act of 1990 prohibitsdiscrimination against individuals with disabilities inemployment, public services, and public accommodations.The Civil Rights Act of 1991 amended several of the federalemployment discrimination laws including Title VII of theCivil Rights Act of 1964, the Civil Rights Act of 1866, theADEA, the Rehabilitation Act, and the Americans withDisabilities Act (ADA).The act amended Title VII and the ADA to provide the rightto a jury trial and punitive damages (not to exceed$300,000); it amended the Civil Rights Act of 1866 to prohibitracial harassment in the workplace and in post-hireemployment conduct rather than just in hiring andpromotions.Housing and accommodationsThe Civil Rights Act of 1866 ensures that all citizens of theU.S. shall have the same right, in every state and territory,as is enjoyed by white citizens to inherit, purchase, lease,sell, hold, and convey real and personal property.The Fair Housing Act prohibits discrimination in varioustypes of housing transactions such as sales, renting, andfinancing on the basis of race, religion, sex, or nationalorigin. The Fair Housing Amendments Act of 1988expanded the Fair Housing Act to prohibit discriminatoryhousing practices based on handicap and familial statusand provided for enhanced government enforcement of theact, including the recovery of monetary penalties in caseswhere discrimination is found.The Equal Credit Opportunity Act prohibits creditors fromdiscriminating against credit applicants on the basis ofrace, color, religion, national origin, sex, marital status, age,because all or part of the applicant's income derives fromany public assistance program, or because the applicanthas in good faith exercised any right under the ConsumerCredit Protection Act.Title II of the Civil Rights Act of 1964 prohibits discriminationbased on race, color, religion, and national origin inplaces or public accommodation, such as hotels,restaurants, and certain places of entertainment.VotingThe Voting Rights Act of 1965 protects racial and languageminorities from discrimination in the electoral process andfrom being denied the fair opportunity to elect candidates oftheir choice.The Voting Accessibility for the Elderly and HandicappedAct of 1984 ensures access for handicapped and elderlyindividuals to polling places for federal elections.The Uniformed and Overseas Citizens Absentee Voting Actof 1986 enables members of the Armed Forces and otherU.S. citizens who are abroad to register and vote absenteein presidential congressional elections.The National Voter Registration Act of 1993 commonlyreferred to as the Motor Voter Law, improves the access tovoter registration by requiring states to provide simultaneousvoter registration and driver's license applications,provide a mail-in application, and make registration availableat various government agencies.10 Civil Rights Complaints in U.S. District Courts, 1990-2006

BJSFor electronic versions of this report,visit the BJS websitehttp://www.ojp.usdoj.gov/bjsTo order paper copies of this or other BJS reports —• Visithttp://www.ncjrs.gov/app/publications/bjspubs.aspx• Call 1-800-851-3420Download datasets and documentation fromthe National Archive of Criminal Justice Data —http://www.icpsr.umich.edu/NACJD/index.htmlKeep current on criminal justice issuesGet notices and newsletters:JUSTSTATSE-mail notifications of new statistical materials from BJS, the FBI,and the Office of Juvenile Justice and Delinquency Prevention.To subscribe, see http://www.ojp.usdoj.gov/bjs/juststats.htmJUSTINFOA biweekly electronic newsletter from the National Criminal Justice ReferenceService (NCJRS) with news from BJS, NCJRS, and the other agencies in theOffice of Justice Programs.To subscribe, see http://www.ncjrs.gov/subreg.htmlCivil Rights Complaints in U.S. District Courts, 1990-2006 11

U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice StatisticsWashington, DC 20531*NCJ~222989*PRESORTED STANDARDPOSTAGE & FEES PAIDDOJ/BJSPermit No. G-91Official BusinessPenalty for Private Use $300This report in portable document format and inASCII and its related statistical data and tablesare available at the BJS World Wide WebInternet site: Office of Justice ProgramsInnovation • Partnerships • Safer Neighborhoodshttp://www.ojp.usdoj.govThe Bureau of Justice Statistics is the statistical agencyof the U.S. Department of Justice. Jeffrey L. Sedgwickis director.This Special Report was written by Tracey Kyckelhahnand Thomas H. Cohen, Ph.D. Sean P. Rosenmerkelverified the report.Georgette Walsh edited the report, Tina Dorseyproduced the report, and Jayne Robinson prepared thereport for final printing under the supervision of Doris J.James.August 2008, NCJ 22298912 Civil Rights Complaints in U.S. District Courts, 1990-2006