Howard M. Rosenstein v. The City of Dallas, Texas, and Donald Milliken
This text of 901 F.2d 61 (Howard M. Rosenstein v. The City of Dallas, Texas, and Donald Milliken) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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.
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901 F.2d 61, 1990 U.S. App. LEXIS 7708, 1990 WL 51778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-m-rosenstein-v-the-city-of-dallas-texas-and-donald-milliken-ca5-1990.