United States Eighth Circuit

In a sexual harassment action against plaintiff's landlord under the Fair Housing Act, judgment for plaintiff is affirmed in part where: 1) defendant could not show "a complete absence of probative facts" supporting the jury's verdict and that no reasonable jury could have found in plaintiff's favor; 2) the jury could reasonably infer that defendant was telling plaintiff the return of her deposit was conditioned upon defendant seeing more of plaintiff's body or even receiving a sexual favor; and 3) even if the admission of evidence regarding a government investigation of defendant was an error, any possible prejudice was cured by the district court's instruction. However, the judgment is reversed in part where the district court erred in the degree to which it reduced the jury's punitive damage award failed to conduct a proper analysis of plaintiff's entitlement to attorney fees.

Appellate Information

• Decided 03/16/2010
• Published 03/16/2010

Judges

Court

• United States Eighth Circuit

Counsel