Michael Frazier v. City of Gadsden, AL


Opinion issued by court as to Appellant City of Gadsden, AL in 16-13389, 16-17430. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. [16-13389, 16-17430]

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Case: 16-13389 Date Filed: 08/24/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ Nos. 16-13389, 16-17430 ________________________ D.C. Docket No. 4:13-cv-00757-VEH MICHAEL D. FRAZIER, Plaintiff - Appellee, versus CITY OF GADSDEN, AL, Defendant - Appellant. ________________________ Appeals from the United States District Court for the Northern District of Alabama ________________________ (August 24, 2017) Before WILSON and NEWSOM, Circuit Judges, and MORENO, ∗ District Judge. PER CURIAM: ∗ Honorable Federico A. Moreno, United States District Judge for the Southern District of Florida, sitting by designation. Case: 16-13389 Date Filed: 08/24/2017 Page: 2 of 2 The Gadsden Police Department denied Michael Frazier’s application for employment. Frazier then sued the City of Gadsden alleging race discrimination under Title VII and 42 U.S.C. § 1981. The case proceeded to trial, a jury found in Frazier’s favor, and the district court denied the City’s motion for judgment as a matter of law. This appeal followed. The City raises several arguments on appeal, including (1) that the trial evidence was insufficient to support a finding of discrimination; (2) that dismissal is required because the City is not a proper defendant and because Frazier did not join the Civil Service Board, a necessary party; and (3) that the district court erred in awarding front pay. But after careful consideration of the record and the parties’ briefs, and having had the benefit of oral argument, we find no reversible error. Therefore, we affirm. AFFIRMED. 2

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