Howard M. Rosenstein v. The City of Dallas, Texas, and Donald Milliken

901 F.2d 61, 1990 U.S. App. LEXIS 7708, 1990 WL 51778

Opinions

PER CURIAM:

The en banc court reinstates the opinion of the panel majority (876 F.2d 392) with the following exceptions: footnote 2 and the writing and footnotes under “Damages.” The only objection made by any appellant to the damage award, or to the form of submission of the damages to the jury, was to the punitive damages awarded against Donald Milliken. Other errors, if any, in the submission and award of damages, have been waived. See Galtieri v. Wainwright, 582 F.2d 348, 352 n. 8 (5th Cir.1978); Farrar v. Cain, 756 F.2d 1148, 1150 (5th Cir.1985).

The judgment against Donald Milliken is reversed and the claim against him is dismissed. The district court’s judgment against the City of Dallas is in all respects affirmed.

REVERSED IN PART, AFFIRMED IN PART.