This appeal and cross appeal arise from an employment discrimination action brought under Title VII and 42 U.S.C. § 1981 against Defendants Sprint/United Management Company ("Sprint") and various individuals. Judgment was entered against Sprint, but in favor of the individual defendants. We affirm in part, vacate in part, and remand for a new trial.

Background

Plaintiff Andrea Heno is a

United Airlines, Inc. ("United") interviewed and rejected Ms. Bullington for the position of line pilot/flight officer on three separate occasions. Ms. Bullington brought this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 - 634, claiming United refused to hire her because of her gende

Former highway patrol officer E. Stormy Apgar sued the Wyoming Highway Patrol and several officers in their individual capacities, claiming gender discrimination, hostile work environment, retaliation for reporting discriminatory conduct, breach of an implied employment contract, and intentional infliction of emotional distress. The district court granted defendants' summary judgment motion and di

In this case involving claimed retaliatory discharge by four highway patrol troopers against their supervisors and the State of Kansas for whistleblowing and the violation of their claimed free speech rights under 42 U.S.C. § 1983, we hold: (1) The Kansas Whistleblower Act, K.S.A. 75-2973, provides Kansas classified civil service employees with permanent status an adequate exclusive remedy for cla

Anna Nieto,(1) Betty DeLosSantos, Patrick Sanchez, Sally Netsch, Phyllis DeBaun, and Mary Gonzales brought this action under 42 U.S.C. §1983 against Dr. Quadrat Kapoor, the Eastern New Mexico Medical Center ("ENMMC"), and a number of ENMMC supervisors. Plaintiffs asserted the denial of their Fourteenth Amendment right to equal protection of the laws, violation of their First Amendment right to fre

Marian M. Meredith, an African American woman, appeals the District Court’s1 adverse grant of summary judgment in her discrimination action against her former employer, Barnes-Jewish West County Hospital (BJW), under Title VII and 42 U.S.C. § 1981 (1994).

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We conclude that (1) even if Meredith established a prima facie case of race discrimination (which we question), she did not

Michael W. Bass appeals the district court's order granting summary judgment to the Board of County Commissioners of Orange County in his lawsuit claiming race discrimination in violation of Title VII and the Equal Protection Clause, as well as retaliation in violation of Title VII. For the reasons set forth below, we reverse and remand for a jury trial on his race discrimination and retaliation c

Plaintiff-appellee William Walker, a Michigan state prisoner, brought suit against corrections officers claiming First Amendment retaliation in violation of 42 U.S.C. § 1983. A jury returned a verdict in Walker's favor in part, setting damages of $426. Upon Walker's motion for attorney fees pursuant to 42 U.S.C. § 1988, the magistrate judge held that the attorney fee cap set forth in § 803(d)(2) o

Lori Denise Rhoads appeals from the judgment rendered against her on her claims under the Family and Medical Leave Act, 29 U.S.C. SS 2601-2654 ("FMLA"); the employment provisions of the Americans with Disabilities Act, 42 U.S.C. SS 12101-12117, 12203 ("ADA"); and Maryland state law. The district court granted summary judgment to the Federal Deposit Insurance Corporation ("FDIC"), in its capac

Robert Barnett brought suit under the Americans with Disabilities Act (ADA) and he appeals the district court's dismissal on summary judgment of his claims. Barnett, who suffered a serious back injury while on the job, argues that U.S. Air discriminated against him by denying him accommodation, by failing to engage in the interactive process and by retaliating against him for filing charges

Appellant Michael R. Heath appeals from summary judgment granted in favor of appellee John Christner Trucking, Inc. (JCT) on his state-law tort claim for wrongful termination brought pursuant to Oklahoma law. The district court's diversity jurisdiction arose under 28 U.S.C. § 1332 when JCT removed the action to federal court. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm

I

Appellants Margaret V. Carroll, Wanda L. Mitchell, and Shirley J. Harris appeal the district court's grant of summary judgment to Appellees Walter B. Jones Alcohol and Drug Treatment Center and its operator, the North Carolina Department of Health and Human Services. Appellants alleged racial discrimination, disparate treatment, a hostile working environment, and retaliation based on failur

Abner J. Morgan, Jr. (Morgan) filed suit against National Railroad Passenger Corporation (Amtrak), alleging violations of Title VII of the Civil Rights Act of 1964, as amended in 1991. See 42 U.S.C. § 2000e et seq. (Title VII). Morgan claims that, because of his race, he suffered discrimination and retaliation, and endured a hostile work environment. The district court granted partial summar

Petitioner illegally fired several workers in retaliation for their attempts to organize a union. Finding multiple unfair labor practices, the National Labor Relations Board ordered its traditional remedy, reinstatement with backpay, for all discharged employees. When the Board learned that one discriminatee was an undocumented alien, it denied reinstatement and terminated backpay as

Our story begins when Patricia Brooks, a telephone dispatcher for the City of San Mateo, California, and her coworker, senior dispatcher Steven Selvaggio, manned the city's Communications Center, taking 911 calls on the evening shift. At some point during the evening, Selvaggio approached Brooks as she was taking a call. He placed his hand on her stomach and commented on its softness and sexi

This appeal comes to us from a jury's verdict in favor of plaintiff Lisetta Molnar on her sexual harassment claims against the East Chicago Community School Corporation (East Chicago) and Lloyd Booth, the principal of the junior high school where she taught. She based these claims on both Title VII and 42 U.S.C. sec. 1983. In addition to modest awards of $500 each on the two theories, the

Plaintiff-appellant Gerard Cardenas, a Mexican-American, was hired as of January 29, 1990 as the manager of the Office Systems Unit in the Information Systems Division ("ISD") of New Jersey's Administrative Office of the Courts ("AOC") following the retirement of Joseph Ribsam. Cardenas asserts that through 1989 every manager or supervisor in the ISD was a white non-Hispanic male. Appellee

. Plaintiff-Appellant, Pram Nguyen, brought three separate lawsuits against the City of Cleveland alleging that the City's denial of his promotion bids violated Title VII because (1) the City discriminated against him on the basis of his national origin, and (2) the City retaliated against him for filing a grievance and EEOC complaints. The three lawsuits were consolidated into one, and the City m

Plaintiff/Appellant Eloy Garley brought this action against Sandia Corporation (Sandia) in New Mexico State District Court on August 17, 1998 alleging six state law causes of action arising out of his employment at Sandia. Garley alleged: (1) breach of implied contract; (2) breach of the duty of good faith and fair dealing; (3) retaliation; (4) civil conspiracy; (5) defamation; and (6) intentional

Plaintiff Orin H. Boyd appeals from the district court's grant of summary judgment to defendant, plaintiff's former employer, on claims of discrimination, retaliation, and breach of contract.(1) As the parties are familiar with the facts and procedural history of the case, we will not repeat them here. Our jurisdiction over this appeal arises from 28 U.S.C. § 1291.

We review the district co

Plaintiff Yvonne M. Schmidt appeals the district court's grant of summary judgment in favor of defendant U S West Communications (U S West) on her accommodation and retaliation claims under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (ADA). We affirm.

Plaintiff has been employed by U S West (and its predecessor) since 1971. She has for many years been treated for depressio

Plaintiff Henry B. O'Neal was terminated from his job one day after his attorney sent a letter to his employer, Ferguson Construction Company ("Ferguson"), accusing the company of reassigning O'Neal in retaliation for his filing race discrimination and retaliation claims with the Equal Employment Opportunity Commission ("EEOC"). O'Neal filed suit against Ferguson under 42 U.S.C. § 2000e-3(a) ("Tit

Plaintiff, a psychological technician at Defendant Muskogee Regional Medical Center (an entity of the city of Muskogee), brought an action against Defendant under 42 U.S.C. § 1983 for First Amendment retaliation. Plaintiff claimed that she was terminated because she notified the County Health Department regarding the poor condition of a patient that Defendant had received from a referring facility

This is an employment discrimination case. In it, we consider the district court's grant of summary judgment dismissing the Plaintiff- Appellant's claims of racial and age discrimination and retaliation under Title VII, the ADEA, and Texas law. We also consider the role and scope of 42 U.S.C. § 1981 in racial discrimination suits against a municipality. For the following reasons, we AFFIRM in part

This is another case in which a plaintiff has sued his employer, counsel appear to have resolved the matter, and plaintiff denies there is a settlement. Cf. Quint v. A.E. Staley Mfg. Co, 246 F.3d 11 (1st Cir. 2001). Douglas Kinan appeals from district court orders dismissing the action, refusing to reopen, and enforcing a purported settlement agreement with his former federal employer, the Defense