081647P.pdf   04/27/2009  Mindy Kahle  v.  Jermaine Leonard
   U.S. Court of Appeals Case No:  08-1647
                          and No:  08-2578
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Benton, Author, with Loken, Chief Judge, and Melloy,
   Circuit Judge]
   Civil case - civil rights. District court did not clearly err in finding a
   gender-based Batson violation; district court did not err in allowing a
   supplemental report under Fed. R. Civ. P. 26(e); district court's
   instructions on damages were not erroneous, and the court did not err in
   rejecting defendant's proposed instruction; a district court has broad
   discretion in determining the appropriate percentage of a judgment to be
   applied to attorneys' fees under 42 U.S.C. Sec. 1997e(d)(2), but the court
   abused its discretion in applying one percent of the damage award
   of $1.1 million to plaintiff's attorneys' fees.
   Chief Judge Loken, concurring.