Reed v. Mineta Ex Rel. United States Department of Transportation

438 F.3d 1063, 2006 U.S. App. LEXIS 4383, 87 Empl. Prac. Dec. (CCH) 42,270, 97 Fair Empl. Prac. Cas. (BNA) 956, 2006 WL 417503
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 23, 2006
Docket05-1057
StatusPublished
Cited by14 cases

This text of 438 F.3d 1063 (Reed v. Mineta Ex Rel. United States Department of Transportation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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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Reed v. Mineta Ex Rel. United States Department of Transportation, 438 F.3d 1063, 2006 U.S. App. LEXIS 4383, 87 Empl. Prac. Dec. (CCH) 42,270, 97 Fair Empl. Prac. Cas. (BNA) 956, 2006 WL 417503 (10th Cir. 2006).

Opinion

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Federal Aviation Administration (FAA) appeals from the district court’s order granting prejudgment interest to Plaintiff-Appellee Donald D. Reed on the back pay portion of his Title VII damage award. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse and remand for recalculation of prejudgment interest.

Background

The parties are familiar with the facts in this case, and we need only repeat those pertinent to our discussion here. Mr. Reed was terminated from his position as an air traffic controller with the FAA on July 28, 1995, when he failed to report to work on several Saturdays. After exhausting his administrative appeals, Mr. Reed filed suit in federal district court alleging, inter alia, that the FAA violated Title VII by failing to accommodate his religious beliefs and intentionally discriminating against him on the basis of his religion. The jury returned a verdict for Mr. Reed on both claims. In an advisory capacity, the jury awarded him $248,356 in back pay, plus front pay and compensatory damages.

Although the advisory verdict contained a lump sum back pay award, trial testimony from Mr. Reed’s economist established that Mr. Reed’s losses accrued from the date of his termination through July 2, 2001, a period of approximately six years. According to his economist, Mr. Reed lost wages of $248,356, consisting of following amounts: $17,342 in 1995; $11,184 in 1996; $0 in 1997 (due to Mr. Reed’s temporary reinstatement pending a decision from the Merit Systems Protection Board); $37,883 in 1998; $70,300 in 1999; $75,267 in 2000; and $36,381 in the first six months of 2001. 1 ApltApp. at 117. The advisory jury awarded $248,356. The district court adopted the jury’s advisory award in its initial judgment entered on July 31, 2001.

After judgment was entered, the FAA filed a renewed motion for judgment as a matter of law (“JMOL”) and a motion to alter or amend the judgment. Mr. Reed filed a motion pursuant to Fed.R.Civ.P. 60 seeking prejudgment interest. The district court denied the FAA’s motion for JMOL, but granted its motion to alter or amend the judgment thereby reducing Mr. *1065 Reed’s front pay and compensatory damage awards. Finally, the district court denied Mr. Reed’s motion for prejudgment interest, holding that his request should have been raised in a Rule 59(e) motion. Final judgment was entered on August 14, 2002.

The FAA appealed from the denial of its JMOL motion and Mr. Reed cross-appealed from the denial of his motion for prejudgment interest. This court affirmed in part and reversed in part. Reed v. Mineta, 93 Fed.Appx. 195, 200 (10th Cir.2004). Upholding the denial of JMOL, we reversed the district court’s decision to deny Mr. Reed’s motion for prejudgment interest without considering the merits of his request, finding that such a decision “amounts to a failure to exercise discretion which is an abuse of discretion.” Id.

On remand, Mr. Reed renewed his motion for prejudgment interest on his back pay award. Aplt.App. at 103. Mr. Reed’s motion requested “an award of nine percent (9%) per annum, compounded annually (the statutory rate in Colorado) from July 28, 1995 (the date of [Mr.] Reed’s discriminatory termination) through July 31, 2001 (the date judgment was entered) ... ”. Id. at 108. Attached as an exhibit to his motion, Mr. Reed provided the district court with a table which calculated prejudgment interest on the entire amount of his back pay award, $248,356, starting as of the date of his termination, July 28, 1995. 2 Mr. Reed’s method of calculation led to a request for $168,469.97 in prejudgment interest. Opposing the motion, the FAA argued that: (1) the appropriate interest rate was 3.6 percent as provided in 28 U.S.C. § 1961; and (2) interest should not be calculated as if Mr. Reed suffered the entire $248,356 loss of wages on July 28, 1995, but rather it should be calculated “periodically over the entire six-year period between [Mr. Reed’s] termination and the date of the judgment.” ApltApp. at 113.

The district court granted Mr. Reed’s motion and, employing the method of calculation provided by Mr. Reed, awarded prejudgment interest in the amount of $168,469.97. Id. at 128. This appeal followed.

Discussion

On appeal, the FAA does not take issue with the district court’s decision to grant *1066 Mr. Reed prejudgment interest or with its decision to use a nine percent rate of interest. Rather, the FAA argues that the district court erred in calculating interest on Mr. Reed’s entire back pay award from the date of his termination. The FAA maintains that the district court should have calculated the interest in accordance with when Mr. Reed’s monetary injuries were actually incurred, i.e., incrementally as his wages would presumably have been earned but unpaid from the date of his termination through entry of judgment.

We review the district court’s award of prejudgment interest for an abuse of discretion. See United States v. Crescent Amusement Co., 323 U.S. 173, 185, 65 S.Ct. 254, 89 L.Ed. 160 (1944); Caldwell v. Life Ins. Co. of N. Am., 287 F.3d 1276, 1286 (10th Cir.2002). Accordingly, we will not reverse the decision of the district court unless it made an “arbitrary, capricious, whimsical, or manifestly unreasonable judgment.” Schrier v. Univ. Of Colo., 427 F.3d 1253, 1258 (10th Cir.2005) (quotation omitted). The abuse of discretion standard includes review to determine that the district court did not commit an error of law by applying an erroneous legal standard. See Winnebago Tribe of Neb. v. Stovall, 341 F.3d 1202, 1205 (10th Cir.2003).

Our determination of the issue presented here is guided by reference to the purpose for granting prejudgment interest on back pay awards. See Estate of Pitre v. Western Electric Co., 975 F.2d 700, 704 (10th Cir.1992) (“[T]he district court’s exercise of discretion in awarding back pay must be ‘measured against the purposes which inform Title VII.’ ”). Under Title VII, prejudgment interest “is an element of complete compensation” in back pay awards. Loeffler v. Frank, 486 U.S. 549, 558, 108 S.Ct. 1965, 100 L.Ed.2d 549 (1988) (internal citation and quotations omitted). That is, as Mr.

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438 F.3d 1063, 2006 U.S. App. LEXIS 4383, 87 Empl. Prac. Dec. (CCH) 42,270, 97 Fair Empl. Prac. Cas. (BNA) 956, 2006 WL 417503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-mineta-ex-rel-united-states-department-of-transportation-ca10-2006.