United States Eighth Circuit

In a civil action for deprivation of rights, district court judgment for plaintiff is affirmed and remanded where: 1) the court did not err in finding a gender-based Batson violation; 2) court did not err in allowing a supplemental report under Fed. R. Civ. P. 26(e); 3) court's instructions on damages were not erroneous, and the court did not err in rejecting defendant's proposed instruction; and 4) the court abused its discretion in applying one percent of the damage award to plaintiff's attorneys' fees.

Appellate Information

• Decided 04/27/2009
• Published 04/27/2009

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alecia E. Fuller, argued, Spearfish, SD (Thomas E. Brady, I, on the brief, Spearfish, SD,), for appellant.


• For Appellees:
  
• Steven Carson Beardsley, argued, Rapid City, SD (Brad J. Lee, Elizabeth M. Frederick, on the brief, Rapid City, SD,), for appellee.