Deborth Haziz v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:05-cv-00574-H Copies to all parties and the district court/agency. [998613271]. Mailed to: Deborth Haziz. [09-2343]

Appeal: 09-2343

Document: 43

Date Filed: 06/16/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-2343

DEBORTH HAZIZ,
Plaintiff – Appellant,
v.
ERIC H.
Justice,

HOLDER,

JR.,

Attorney

General,

Department

of

Defendant – Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:05-cv-00574-H)

Submitted:

June 3, 2011

Before WILKINSON and
Senior Circuit Judge.

GREGORY,

Decided:

Circuit

Judges,

June 16, 2011

and

HAMILTON,

Affirmed by unpublished per curiam opinion.

Deborth Haziz, Appellant Pro Se. Jennifer P. May-Parker, Sharon
Coull Wilson, Assistant United States Attorneys, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 09-2343

Document: 43

Date Filed: 06/16/2011

Page: 2 of 3

PER CURIAM:
Deborth Haziz brought suit against the Federal Bureau
of

Prisons

(“BOP”)

alleging

employment

discrimination

in

violation of Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C.A. §§ 701-796l (West 2008 & Supp. 2010), and
retaliation in violation of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C.A. §§ 2000e to 2000e-17 (West 2003
& Supp. 2010).

Haziz alleged that she suffered an on-the-job

injury resulting in a disability and that the BOP denied her
reasonable accommodation and terminated her, both in retaliation
for filing an EEO claim and because of her disability.

Haziz’s

suit was tried before a jury and the jury returned a verdict for
the BOP.

We affirm.
On appeal, Haziz first argues that the district court

erred when it declined her request to be recalled to the stand
after

she

had

twice

testified.

“A

district

court

has

the

discretion to place reasonable limits on the presentation of
evidence.”

United

(4th Cir. 1996).

States

v.

Ford,

88 F.3d

1350,

1362

Here, in denying Haziz’s request to take the

stand for a third time, the district court acted well within the
bounds of its discretion.
Haziz next alleges that the district court committed
several

errors

in

instructing

should be granted a new trial.

the

jury

and

argues

that

she

“District courts are necessarily
2

Appeal: 09-2343

Document: 43

vested

with

a

Date Filed: 06/16/2011

great

deal

of

Page: 3 of 3

discretion

in

constructing

specific form and content of jury instructions.”
Venture,

Inc.,

50

F.3d

1291,

1293

the

Hardin v. Ski

(4th Cir. 1995).

In

determining whether the district court erred in instructing the
jury,

we

review

the

district

court’s

jury

instructions

whole and in the context of the entire charge.
Gen.

Fin.,

Inc.,

“Instructions

will

340
be

F.3d

considered

187,

191

adequate

if

as

a

Rowland v. Am.
(4th Cir. 2003).
construed

as

a

whole, and in light of the whole record, they adequately inform
the jury of the controlling legal principles without misleading
or confusing the jury to the prejudice of the objecting party.”
Id. (internal

quotation

Because

did

Haziz

not

marks

omitted)

preserve

these

(alterations
claims

court, we review them for plain error.
We find none.

in

omitted).

the

district

Fed. R. Civ. P. 51(d).

The district court’s instructions adequately set

forth the relevant law.
Accordingly, we affirm the district court’s judgment.
We

dispense

with

oral

argument

because

the

facts

and

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

AFFIRMED

3