Siriano v. Beth Israel Hospital

Joseph Siriano (plaintiff) was injured in a construction accident. Siriano and others (collectively, Siriano) sued Beth Israel Hospital (hospital) (defendant), which owned the property, and five contractors and subcontractors (collectively, contractors) (defendants). Siriano was White. In connection with jury selection, the court granted nine peremptory challenges to Siriano and 15 peremptory challenges to the hospital and contractors (three peremptory challenges per defendant). As of March 16, 1994, two White jurors were seated, Siriano had peremptorily challenged five prospective jurors (four White and one Black), and the hospital and contractors had peremptorily challenged 11 prospective jurors (nine minorities and two White). The nine stricken minority prospective jurors (six Black and three Latino) were the only minority venirepersons (i.e., prospective jurors) to have been examined to date. The parties also jointly excused approximately 180 prospective jurors whose racial breakdowns were unknown. On March 16, Siriano complained to the court that the hospital and contractors engaged in racial discrimination in striking all the minority prospective jurors to be examined. After hearing arguments, the court concluded that Siriano made a prima facie showing of racial discrimination and ordered the hospital and the contractors to offer race-neutral explanations for their peremptory challenges. The court subsequently rejected the hospital’s and contractors’ proffered explanations. In addition, the court, with counsel, examined the three then-available minority jurors.