Harvis v. Roadway Express Inc‪.‬

The Supreme Court decided Patterson v. McLean Credit Union,491 U.S. 164, 109 S. Ct. 2363, 105 L. Ed. 2d 132 (1989), narrowing the scope of discriminatory contract actions under 42 U.S.C. § 1981, shortly after the jury returned a verdict for defendant on plaintiffs § 1981 claim. The Patterson case forms the basis of plaintiffs novel argument on appeal. The plaintiff has appealed from the District Courts judgment for the defendant after a jury verdict on his race discrimination claim under § 1981. He also appeals a judgment for defendant in his Title VII claim, a claim not subject to jury trial, arising out of the same basic facts. The District Court entered the Title VII judgment by applying the doctrine of collateral estoppel based on the jurys verdict on the § 1981 claim. The plaintiff now asserts on appeal that his § 1981 claim should not have been put to the jury (even though he requested a jury trial) and, therefore, contends that the jurys verdict for the defendant may not be used to preclude his Title VII claim. We disagree on grounds that plaintiff "invited the error," if indeed there was any error, when the District Court put the case to the jury.