Townsend v. Kemper National Insurance

192 F.R.D. 290, 2000 U.S. Dist. LEXIS 4528, 89 Fair Empl. Prac. Cas. (BNA) 304, 2000 WL 359797
CourtDistrict Court, D. Kansas
DecidedFebruary 16, 2000
DocketNo. 98-2356-CM
StatusPublished
Cited by2 cases

This text of 192 F.R.D. 290 (Townsend v. Kemper National Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Townsend v. Kemper National Insurance, 192 F.R.D. 290, 2000 U.S. Dist. LEXIS 4528, 89 Fair Empl. Prac. Cas. (BNA) 304, 2000 WL 359797 (D. Kan. 2000).

Opinion

MEMORANDUM AND ORDER

MURGUIA, District Judge.

Plaintiff John Townsend filed suit against defendant Kemper National Insurance Companies alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. Specifically, plaintiff claimed that defendant demoted him and subsequently terminated his employment on the basis of his race. Following a trial on plaintiffs claims, the jury found in favor of defendant on plaintiffs claims. This matter is presently before the court on plaintiffs motion for a new trial (doc. # 89). In his motion, plaintiff asserts that a new trial is required because the court failed to instruct the jury that it could infer discriminatory intent from a showing of “pretext” and because the court permitted two witnesses to testify about the truthfulness of Bob Priest, a key decisionmaker. As set forth in more detail below, plaintiffs motion is denied.

I. Plaintiffs Proposed Pretext Instruction

Plaintiff claims that the court erred in refusing to give his proposed instruction concerning the issue of pretext. The decision whether to give a particular instruction lies within the discretion of the trial court. See Davoll v. Webb, 194 F.3d 1116, 1131 (10th Cir.1999); Coletti v. Cudd Pressure Control, 165 F.3d 767, 771 (10th Cir.1999). In analyzing a challenge to the court’s instructions, the critical inquiry is whether, “as a whole, the instructions correctly stated the governing law and provided the jury with an ample understanding of the issues and applicable standards.” Davoll, 194 F.3d at 1131 (quoting Allen v. Minnstar, Inc., 97 F.3d 1365, 1368 (10th Cir.1996)); accord Coletti, 165 F.3d at 771. The instructions as a whole need not be flawless but the court must be satisfied that, upon hearing the instructions, the jury understood the issues to be resolved and its duty to resolve them. Coletti, 165 F.3d at 771; Medlock v. Ortho Biotech, Inc., 164 F.3d 545, 552 (10th Cir.), cert. denied, — U.S. —, 120 S.Ct. 48, 145 L.Ed.2d 42 (1999). If the charge as whole adequately states the law, the refusal to give a particular requested instruction is not grounds for ordering a new trial. See Coletti, 165 F.3d at 771.

Plaintiff maintains that the court’s instructions to the jury were inaccurate and misleading because they did not instruct the jury that it could find in plaintiffs favor if it determined that defendant’s proffered reasons for its employment decisions were false.1 The Tenth Circuit, albeit in an un[292]*292published opinion, has expressly rejected this argument and the court does so here. See Calhoun v. Ball Corp., No. 95-1272, 1997 WL 292129, at *1 (10th Cir. June 3, 1997). While the court recognizes that citation to unpublished opinions remains unfavored, it concludes that the Circuit’s decision in Calhoun is extremely persuasive because the Circuit specifically addressed the very issue presented here — whether the trial court erred in refusing to instruct the jury that it could find in plaintiffs favor if it determined that the defendant’s proffered reasons for its employment decisions were false. See id. In reaching its conclusion that plaintiffs argument was “without merit,” the Circuit reasoned that the “McDonnell Douglas burden shifting analysis is a tool the courts use in Title VII cases,” but that the analysis drops out of consideration when the case is submitted to the jury on the merits. See id. (citing Murray v. City of Sapulpa, 45 F.3d 1417, 1421 (10th Cir.1995); St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 510-11, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993)). At that point, as the Circuit emphasized, the trier of fact proceeds to decide the ultimate question— whether plaintiff has proven that the defendant intentionally discriminated against him because of his race. See id. (citing St. Mary’s Honor Ctr., 509 U.S. at 511, 113 S.Ct. 2742). Ultimately, although the Circuit agreed that the jury’s rejection of the defendant’s proffered reasons for its actions would have allowed the jury to infer the ultimate facts of intentional discrimination, it concluded that the instructions correctly conveyed the applicable law to the jury. See id. (citing Furr v. AT & T Techs., Inc., 824 F.2d 1537, 1549 (10th Cir.1987)).

The same conclusion is mandated here. The court’s instructions correctly stated the law governing plaintiffs claims. More specifically, the instructions appropriately focused on the ultimate issue of whether plaintiffs race was a motivating factor in defendant’s employment decisions. No more is required. See Ryther v. KARE 11, 108 F.3d 832, 850 n. 15 (8th Cir.1997) (instructions incorporating the McDonnell Douglas paradigm “add little to the juror’s understanding of the case”); Hennessy v. Penril Datacomm Networks, Inc., 69 F.3d 1344, 1350 (7th Cir.1995) (“[T]he only question the jury need answer ... is whether the plaintiff is a victim of intentional discrimination.”). Plaintiffs motion for a new trial based on the court’s failure to give the jury a “pretext” instruction is denied.

II. Admission of Evidence About Mr. Priest’s Character for Truthfulness

Plaintiff also contends that he is entitled to a new trial because the court permitted two witnesses to testify that they believed Bob Priest, the supervisor responsible for the decision to demote plaintiff, was a truthful person.2 According to plaintiff, this evidence was highly prejudicial to plaintiffs case because it improperly bolstered Mr. Priest’s credibility — -an issue that was central to the resolution of plaintiffs claims. As set forth below, the court concludes that even if the admission of the evidence was error, such error was harmless.

A new trial based upon an erroneous evidentiary ruling is warranted only if that error prejudicially affected the substantial rights of a party. See Fed.R.Civ.P. 61; Sanjuan v. IBP, Inc., 160 F.3d 1291, 1296 (10th Cir.1998); Webb v. ABF Freight System, Inc., 155 F.3d 1230, 1246 (10th Cir. 1998). Evidence admitted in error is prejudicial only if it can be reasonably concluded that “without such evidence, there would have been a contrary result.”

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Related

Townsend v. Lumbermens Mutual Casualty Co.
294 F.3d 1232 (Tenth Circuit, 2002)

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Bluebook (online)
192 F.R.D. 290, 2000 U.S. Dist. LEXIS 4528, 89 Fair Empl. Prac. Cas. (BNA) 304, 2000 WL 359797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-v-kemper-national-insurance-ksd-2000.