053414P.pdf   02/02/2007  Pamela Allen  v.  Tobacco Superstore
   U.S. Court of Appeals Case No:  05-3414
                          and No:  05-3884
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Riley, Author, with Beam and Smith, Circuit Judges]
   Civil case - Title VII. As plaintiff did not present false testimony or
   withhold evidence material to the lawsuit, her conduct in the suit did not
   rise to the level of an abuse of the judicial process, and the district court
   did not abuse its discretion in denying defendant's motion to dismiss the
   suit as a sanction; district court did not err in determining the reasons
   offered for defendant's failure to promote plaintiff to an assistant manager
   position in January, 2002 were a pretext for race discrimination;
   similarly, the court did not err in determining the reasons advanced for a
   November, 2002 promotion decision were also pretextual and that
   defendant discriminated and retaliated against plaintiff on the basis of her
   race when she was denied the promotion; defendant has failed to show
   the district court's failure to provide greater advance notice of its decision
   to use an advisory jury created any prejudice; back pay award modified to
   correct mathematical errors; award of $75,000 in punitive damages set
   aside, as the evidence does not show that defendant acted with malice or
   reckless indifference; attorneys' fees award affirmed. Judge Smith,
   concurring in part and dissenting in part.