Lynch v. Pan American World Airways, Inc., No. 72-3782 Summary Calendar.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
PartiesWilliam J. LYNCH, Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee.
Decision Date22 March 1973
Docket NumberNo. 72-3782 Summary Calendar.

475 F.2d 764 (1973)

William J. LYNCH, Plaintiff-Appellant,
v.
PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee.

No. 72-3782 Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

March 22, 1973.


Arthur Massey, Miami, Fla., Jon D. Caminez, Tallahassee, Fla., for plaintiff-appellant.

Hervey Yancey, Miami, Fla., Smathers & Thompson, Miami, Fla., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

The sole issue presented by Plaintiff-Appellant in this appeal is that the trial court erred in granting the Defendant's motion to strike Plaintiff's motion for a jury trial. Plaintiff contended that he was discriminatorily discharged by his employer because of his race. Shunning the support of Title VII, 42 U.S.C.A. § 2000e, Plaintiff cast his complaint under 42 U.S.C.A. § 1981. He sought essentially reinstatement with backpay plus compensatory and punitive damages. The trial court found that the gist of the complaint was equitable, and, accordingly, denied Plaintiff's request for a jury trial. We affirm.

A claim for reinstatement is equitable in nature. The imposition of monetary damages to make the employee whole for lost backpay does not change the character of the proceeding and thereby mandate a jury trial. Harkless v. Sweeny Independent School District, 5 Cir., 1970, 427 F.2d 319; Johnson v. Georgia Highway Express, Inc., 5 Cir., 1969, 417 F.2d 1122; Smith v. Hampton Training School for Nurses, 4 Cir., 1966, 360 F.2d 577; Williams v. Travenol Laboratories, Inc., N.D.Miss., 1972, 344 F.Supp. 163. Neither may the Plaintiff —by framing his prayer under § 1981 or by making unsupported allegations for compensatory and punitive damages —unilaterally alter the genre of the proceeding.

Affirmed.

--------

Notes:

* Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

--------

To continue reading

Request your trial
36 practice notes
  • Kennedy v. Alabama State Bd. of Educ., No. Civ.A. 89-T-196-N.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 13, 2000
    ...trial in lawsuits based on Title VII prior to the Civil Rights Act of 1991, § 1981 and § 1983, see Lynch v. Pan Am. World Airways, Inc., 475 F.2d 764, 765 (5th Cir.1973) (per curiam); Harkless v. Sweeny Independent School District, 427 F.2d at 323-24; see also Earlie v. Jacobs, 745 F.2d 342......
  • Lebow v. American Trans Air, Inc., No. 95-2665
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 6, 1996
    ...for punitive damages did not entitle him to a trial by jury, the district court relied on Lynch v. Pan American World Airways, Inc., 475 F.2d 764 (5th Cir.1973), in support of the conclusion that a demand for punitive damages does not transform an equitable claim into a legal claim. See als......
  • Hildebrand v. Board of Trustees of Michigan State University, No. 77-1435
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 17, 1979
    ...for mental anguish and for punitive damages and found them insubstantial. The court pointed to Lynch v. Pan American World Airways, 475 F.2d 764, 765 (5th Cir. 1973), where the Fifth Circuit stated that "unsupported allegations for compensatory and punitive damages" under 42 U.S.C. § 1981 c......
  • Smith v. Hussmann Refrigerator Co., Nos. 78-1034
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 26, 1980
    ...If his claim were purely equitable, plaintiff Pasley might not be entitled to a jury trial. See Lynch v. Pan American World Airways, Inc., 475 F.2d 764, 765 (5th Cir. 1973). 16 In Butler v. Local Union 823, International Brotherhood of Teamsters, 514 F.2d 442, 453 (8th Cir.), cert. denied, ......
  • Request a trial to view additional results
36 cases
  • Kennedy v. Alabama State Bd. of Educ., No. Civ.A. 89-T-196-N.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 13, 2000
    ...trial in lawsuits based on Title VII prior to the Civil Rights Act of 1991, § 1981 and § 1983, see Lynch v. Pan Am. World Airways, Inc., 475 F.2d 764, 765 (5th Cir.1973) (per curiam); Harkless v. Sweeny Independent School District, 427 F.2d at 323-24; see also Earlie v. Jacobs, 745 F.2d 342......
  • Lebow v. American Trans Air, Inc., No. 95-2665
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 6, 1996
    ...for punitive damages did not entitle him to a trial by jury, the district court relied on Lynch v. Pan American World Airways, Inc., 475 F.2d 764 (5th Cir.1973), in support of the conclusion that a demand for punitive damages does not transform an equitable claim into a legal claim. See als......
  • Hildebrand v. Board of Trustees of Michigan State University, No. 77-1435
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 17, 1979
    ...for mental anguish and for punitive damages and found them insubstantial. The court pointed to Lynch v. Pan American World Airways, 475 F.2d 764, 765 (5th Cir. 1973), where the Fifth Circuit stated that "unsupported allegations for compensatory and punitive damages" under 42 U.S.C......
  • Smith v. Hussmann Refrigerator Co., Nos. 78-1034
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 26, 1980
    ...If his claim were purely equitable, plaintiff Pasley might not be entitled to a jury trial. See Lynch v. Pan American World Airways, Inc., 475 F.2d 764, 765 (5th Cir. 1973). 16 In Butler v. Local Union 823, International Brotherhood of Teamsters, 514 F.2d 442, 453 (8th Cir.), cert. denied, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT