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131772P.pdf 05/12/2014 Wayne Jackson v. City of Hot Springs
U.S. Court of Appeals Case No: 13-1772
and No: 13-1875
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Gruender, Author, with Wollman and Murphy, Circuit Judges]
Civil case - Employment discrimination. On plaintiff's claim for Family
Medical Leave Act retaliation, viewing the evidence in the light most
favorable to plaintiff, sufficient evidence supported the jury's finding
that plaintiff was able to perform the essential function of the job for
which he interviewed; plaintiff also presented sufficient evidence to
support an inference of a retaliatory motive on the part of the defendant;
no error in granting defendant judgment as a matter of law on plaintiff's
Arkansas Civil Rights Act claims affirmed as plaintiff failed to put forth
sufficient facts for a jury to conclude that defendant did not rehire him
because of a disability; the Arkansas Civil Rights Act claim submitted to
the jury did not provide a basis for the jury's award of
emotional-distress damages, and the district court did not err in vacating
that award; the district court abused its discretion when it denied
plaintiff's claim for liquidated damages.