Garza v. City of Omaha

WOODS, District Judge. The City of Omaha appeals from a final judgment of the District Court of Nebraska entered in conformity with a jury's award of damages to the plaintiff, Pedro Garza, on claims brought under 42 U.S.C. §§ 1983 and 1985(3), together with a pendent state claim for negligence. Garza cross-appeals from the district court's denial of his claims brought under Title VII, 42 U.S.C. § 2000e et seq., which had been tried to the court simultaneously, and from the district court's order setting aside the jury's award of punitive damages on the § 1983 claim. The City of Omaha argues that the jury's verdict was not supported by the evidence and was contrary to law. Garza contends that the evidence supported the jury verdict and that the jury's findings of discrimination collaterally estopped the City on that issue, thereby precluding the district judge from inconsistent findings on the Title VII claims.