Thomas v. Texas Dept. Crim. Justice, 99-20124

• Citation: 220 F.3d 389
• Decision Date: 25 July 2000
• Docket Number: No. 99-20124,99-20124
• Parties: (5th Cir. 2000) BEVERLY THOMAS, Plaintiff-Appellee, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Defendant-Appellant
• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)

Page 389

220 F.3d 389 (5th Cir. 2000)

BEVERLY THOMAS, Plaintiff-Appellee, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Defendant-Appellant.

No. 99-20124

IN THE UNITED STATES COURT OF APPEALS, FIFTH CIRCUIT

July 25, 2000

[Copyrighted Material Omitted]

Appeal from the United States District Court for the Southern District of Texas.

Before KING, Chief Judge, REAVLEY, and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Texas Department of Criminal Justice, Institutional Division ("TDCJ") appeals a jury verdict in favor of Beverly Thomas ("Thomas") on her claims of racial and gender discrimination, and retaliation. For the following reasons, we affirm in part and reverse in part.

FACTUAL AND PROCEDURAL HISTORY

Thomas began working for TDCJ in 1979 at the Gatesville Unit. In 1985, she was promoted to Sergeant of Correctional Officers. Then, in 1993, she was transferred to Estelle Unit in Huntsville, Texas. In July 1995, Thomas was promoted to Lieutenant of Correctional Officers, and assigned to work with high security prisoners. Shortly after she was promoted to lieutenant, Thomas requested housing at Estelle Unit. According to the TDCJ benefit policy certain classifications of employees, including lieutenants, are allowed to live in state-owned housing rent free. The housing policy states that the residential housing is made available to insure the immediate availability of essential personnel in times of emergency.

Thomas first requested housing from Warden Fred Becker ("Becker"). Thomas testified that Becker told her he would like to give her a house, but they were all under major renovation. Thomas testified that at Becker's suggestion, she wrote a letter asking to be placed on a waiting list for a house. In February 1996, Fred Figueroa ("Figueroa") became Warden of Estelle Unit. Thomas met with Figueroa and requested that she be assigned housing. Figueroa asked Thomas whether she was married or had children. Thomas told him that she was single and all of her children were adults. Figueroa then informed her that her chances of getting a house were slim to none because he would place families into a house before a single person. When Thomas asked him why he preferred families over single persons, Figueroa informed her that it was his "policy" to make housing arrangements in this manner. In June 1996, Thomas filed a complaint with the Equal Employment Opportunity Commission ("EEOC"), stating that TDCJ had denied her housing on the basis of her gender.

In November 1996, Thomas applied for a promotion to Captain of Correctional Officers. She was denied the promotion in December 1996 and January 1997. Three white males were hired to fill the three Captains of Correctional Officers positions. In April 1997, Thomas filed a second EEOC charge stating that she had been denied the promotion to Captain due to discrimination on the basis of race and gender, and retaliation.

In February 1997, Thomas brought suit against TDCJ in federal court alleging discrimination in TDCJ's denial of her request for housing and its failure to promote her. Thomas offered an amendment to the pretrial order which was allowed by the district court which added racial discrimination to her charge of gender discrimination regarding the denial of housing. In February 1998, TDCJ placed Thomas in a house at Estelle Unit. Following a jury trial, the jury found that Thomas had established by a preponderance of the evidence that TDCJ discriminated against her on the basis of race and gender in its decision not to provide housing to Thomas until February 1998. The jury further found that TDCJ discriminated against Thomas in its decision not to promote her to Captain of Correctional Officers. Finally, the jury found that TDCJ retaliated against Thomas by failing to promote her to Captain of Correctional Officers. The jury awarded Thomas $107,000 in compensatory damages. The district court entered final judgment awarding Thomas that amount in compensatory damages, back pay based on the salary adjustment for a Captain, and attorneys' fees. The district court also entered an interim injunction that prohibited TDCJ and agents or representatives from any further racial or gender discrimination against Thomas, ordered that Thomas be transferred away from Estelle Unit to insure that no physical harm or retaliation occurred, and also ordered that upon her reassignment Thomas be assigned to an appropriate state house. In its final order, the district court entered an injunction prohibiting TDCJ's Director, Warden or designees from "directly or indirectly establishing a housing policy contrary to state or federal law mandates that a no harassment policy coupled with a preventive system that is sensitive to gender discrimination and retaliation be implemented."

DISCUSSION

TDCJ argues on appeal that the district court erred in failing to grant its post-judgment motion styled "renewed motion for judgment as a matter of law and alternative motion for new trial." TDCJ further contends that the district court made several erroneous evidentiary and other trial rulings that resulted in TDCJ receiving an unfair trial. TDCJ also argues that the district court erred in its charge to the jury by including racial discrimination in the jury interrogatory on housing, and by referring to housing as an emolument in the jury charge. Finally, TDCJ contends that the trial court erred in entering a permanent injunction against TDCJ.

I. Judgment as a Matter of Law and Alternative Motion for New Trial

A. Standard of Review

TDCJ challenges the district court's denial of its renewed post judgment motion for judgment as a matter of law, and its alternative motion for a new trial. This court reviews a motion for new trial for abuse of discretion. See Keller Richards Manufacturing Co., 817 F.2d 1197 (5th Cir. 1987). We review a district court's denial of a motion for judgment as a matter of law de novo. See Scott v. University of Mississippi, 148 F.3d 493, 504 (5th Cir. 1998) (citing Travis v. Board of Regents of the Univ. of Tex. Sys., 122 F.3d 259, 263 (5th Cir.1997), cert. denied, 522 U.S. 1148, 118 S.Ct. 1166, 140 L.Ed.2d 176 (1998)). "A motion for judgment as a matter of law ... in an action tried by jury is a challenge to the legal sufficiency of the evidence supporting the jury's verdict." Harrington v. Harris, 118 F.3d 359, 367 (5th Cir.1997) (internal quotations and citation omitted). If reasonable persons could differ in their interpretation of the evidence, then the motion should be denied. Baltazor v. Holmes, 162 F.3d 373, 373 (5th Cir. 1998). A post-judgment motion for judgment as a matter of law should only be granted when "the facts and inferences point so strongly in favor of the movant that a rational jury could not reach a contrary verdict." Waymire v. Harris County, Texas, 86 F.3d 424, 427 (5th Cir. 1996). We accord great deference to the jury's verdict when evaluating the sufficiency of the evidence, viewing all the evidence and drawing all reasonable inferences in the light most favorable to the verdict. Rhodes v. Guiberson Oil Tools, 75 F.3d 989, 993 (5th Cir.1996) (en banc) (quoting Boeing Co. v. Shipman, 411 F.2d 365, 374 (5th Cir. 1969) (en banc), overruled on other grounds).

Under the McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973) framework, the plaintiff must first establish a prima facie case by a preponderance of the evidence; once established, the prima facie case raises an inference of unlawful discrimination. Texas Dep't. of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981). The burden of production then shifts to the defendant to proffer a legitimate, nondiscriminatory reason for the challenged employment action. St. Mary's Honor Center v. Hicks, 509 U.S. 502, 507, 113 S.Ct. 2742, 2747, 125 L.Ed. 2d 407 (1993). If the defendant meets its burden, the presumption raised by the plaintiff's prima facie case disappears. Burdine, 450 U.S. at 255 n.10. The plaintiff is accorded the opportunity to demonstrate that the defendant's articulated rationale was merely a pretext for discrimination. See Hicks, 509 U.S. at 507-08; Burdine, 450 U.S. at 253. However, in a case such as this one when there has been a trial on the merits, we need not address the sufficiency of the prima facie case, but instead we will proceed to the ultimate question of whether the plaintiff presented enough evidence for a jury to find that discrimination occurred. Baltazor, 162 F.3d at 373 (citing Harrington, 162 F.3d at 367).

B. Failure to Promote

TDCJ argues that there was not sufficient evidence presented for a reasonable juror to find that TDCJ engaged in racial and gender discrimination when it failed to promote Thomas to the position of Captain of Correctional Officers. Thomas sought promotion to this position in December 1996 and January 1997. The posting for the position stated the minimum qualifications for the position. These qualifications included four years full-time correctional custody/law enforcement experience, two years of supervisor position experience, at least one year of mid-level manager experience, and 30 semester hours from an accredited college or university. The posting also stated that cultural diversity and sensitivity training was preferred.

Ultimately, three white male officers were promoted to the position of Captain. At trial Thomas demonstrated that she met all of the qualifications for the position including over 15 years of experience as a correctional officer, ten years as a sergeant, one and a half years of mid-level supervisory experience, and the required college hours. Thomas also presented evidence that she had completed her cultural diversity and sensitivity training. There was ample testimony from various correctional officers and administrators at TDCJ who testified that Thomas had an excellent record. One...