Salazar v. Commerce City, City of et al
Filing
130
FINAL JUDGMENT by Clerk re: 129 Jury Trial - Completed, on 9/5/12. (lygsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No. 10-cv-01328-LTB-MJW
STEPHANIE SALAZAR,
Plaintiff,
v.
CITY OF COMMERCE CITY,
GERALD M. FLANNERY, in his individual capacity, and
TOM ACRE, in his individual capacity,
Defendants.
_____________________________________________________________________
FINAL JUDGMENT
_____________________________________________________________________
PURSUANT to and in accordance with Fed. R. Civ. P. 58(a) and the Orders and
Jury Verdict entered during the course of proceedings in this case, the following FINAL
JUDGMENT is hereby entered.
I. PURSUANT to and in accordance with the Order entered by the Honorable
Lewis T. Babcock on May 1, 2012, incorporated herein by reference, it is
ORDERED that the Court DENIES Defendants’ Motion & Brief in Support of
Summary Judgment as to Plaintiff’s Title VII Claim for Retaliation against the City. It is
FURTHER ORDERED that the Court DENIES the motion as to Plaintiff’s §1981
Claim for Retaliation against the City, and Defendants Gerald M. Flannery and Tom
Acre, in their individual capacities. It is
FURTHER ORDERED that the Court GRANTS the motion as to Plaintiff’s
remaining claims and, as such, enters summary judgment in favor of Defendants and
against Plaintiff on those claims. It is
FURTHER ORDERED that Defendants Paul Natale and Heather Olson
(Spenser) are DISMISSED as parties in this case as no claims remain pending against
them.
II. PURSUANT to and in accordance with the Order entered by the Honorable
Lewis T. Babcock on August 27, 2012, incorporated herein by reference, it is
ORDERED that Defendants’ Oral Rule 50 Motions for Judgment as a Matter of
Law are GRANTED with regard to punitive damages.
III. This matter was tried on August 20, 2012 through August 24, 2012, and
August 27, 2012 through August 30, 2012, before a duly sworn jury of eight, Judge
Lewis T. Babcock presiding. The trial proceeded to conclusion and the jury rendered its
Verdict Forms as follows:
We, the jury, present our answers, by a preponderance of the evidence, to the
following questions submitted by the Court, as to the claims asserted against Defendant
City of Commerce City, to which we have all agreed:
1.
That Plaintiff Stephanie Salazar opposed discrimination based on her
good faith belief of gender and/or race discrimination by filing responses and/or
complaints?
Answer Yes or No Yes
2.
That Plaintiff Stephanie Salazar was discharged from her employment by
Defendant City of Commerce City:
Answer Yes or No Yes
3.
That Defendant City of Commerce City discharged Plaintiff Stephanie
Salazar from her employment because she opposed discrimination based on gender
and/or race in that her opposition to discrimination based on gender and/or race was the
determinative factor that caused Defendant City of Commerce City to terminate her
employment?
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Answer Yes or No No
4.
That Plaintiff Stephanie Salazar should be awarded damages to
compensate for emotional pain and mental anguish?
Answer Yes or No No
If your answer is Yes, in what amount? $_____
We, the jury, present our answers, by a preponderance of the evidence, to the
following questions submitted by the Court, as to the claim asserted against Defendant
Gerald M. Flannery, to which we have all agreed:
1.
That Plaintiff Stephanie Salazar opposed discrimination based on her
good faith belief of gender and/or race discrimination by filing responses and/or
complaints?
Answer Yes or No Yes
2.
That Plaintiff Stephanie Salazar was discharged from her employment by
Defendant Gerald M. Flannery:
Answer Yes or No Yes
3.
That Defendant Gerald M. Flannery discharged Plaintiff Stephanie Salazar
from her employment because she opposed discrimination based on gender and/or
race in that her opposition to discrimination based on gender and/or race was the
determinative factor that caused Defendant Gerald M. Flannery to terminate her
employment?
Answer Yes or No No
4.
That Plaintiff Stephanie Salazar should be awarded damages from Gerald
M. Flannery to compensate for emotional pain and mental anguish?
Answer Yes or No No
If your answer is Yes, in what amount? $_____
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We, the jury, present our answers, by a preponderance of the evidence, to the
following questions submitted by the Court, as to the claim asserted against Defendant
Tom Acre, to which we have all agreed:
1.
That Plaintiff Stephanie Salazar opposed discrimination based on her
good faith belief of gender and/or race discrimination by filing responses and/or
complaints?
Answer Yes or No Yes
2.
That Plaintiff Stephanie Salazar was discharged from her employment by
Defendant Tom Acre:
Answer Yes or No Yes
3.
That Defendant Tom Acre discharged Plaintiff Stephanie Salazar from her
employment because she opposed discrimination on gender and/or race in that her
opposition to discrimination based on gender and/or race was the determinative factor
that caused Defendant Tom Acre to terminate her employment?
Answer Yes or No No
4.
That Plaintiff Stephanie Salazar should be awarded damages from Tom
Acre to compensate for emotional pain and mental anguish?
Answer Yes or No No
If your answer is Yes, in what amount? $_____
ACCORDINGLY, IT IS ORDERED that, pursuant to Fed. R. Civ. P. 58(a), final
judgment is hereby entered in favor of Defendants, City of Commerce City, Gerald M.
Flannery, and Tom Acre, and against Plaintiff, Stephanie Salazar. It is
FURTHER ORDERED that plaintiff’s Second Amended Complaint and this civil
action are DISMISSED WITH PREJUDICE. It is
FURTHER ORDERED that Defendants, City of Commerce City, Gerald M.
Flannery, and Tom Acre shall have their costs by the filing of a Bill of Costs with the
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Clerk of this Court within fourteen days of the entry of judgment.
DATED at Denver, Colorado this 5th day of September, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
s/ Edward P. Butler
Edward P. Butler,
Deputy Clerk
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