072419P.pdf   08/27/2009  EEOC  v.  Siouxland Oral
   U.S. Court of Appeals Case No:  07-2419
                          and No:  07-2420
                          and No:  08-1819
                          and No:  08-2048
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Colloton, Author, with Wollman and Riley, Circuit Judges]
   Civil case - Employment discrimination. Under Title VII, punitive
   damages are available if a plaintiff shows that the employer engaged in
   intentional discrimination with malice or reckless indifference to the
   federally protected rights of the victim, and the evidence in this case was
   sufficient for a jury to find that defendant acted in face of a perceived risk
   that it was violating the victims' Title VII rights; as a result, the district
   court erred in granting the defendant's motion for judgment as a matter of
   law on the EEOC's claim for punitive damages, and the case must be
   remanded for trial on the punitive damages issue; district court did not
   abuse its discretion in denying EEOC's request for injunctive relief
   barring defendant from discriminating on the grounds of sex or
   pregnancy; because the matter must be remanded for trial of the punitive
   damages issue, the court would not address the issue of attorneys' fees at
   this juncture in the case.