Erby v. MS Dept Pub Safety

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 28, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60492
DENNIS J. ERBY,
Plaintiff-Appellee,
versus
MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Mississippi
(00-CV-321)
Before JOLLY, JONES and PRADO, Circuit Judges.
PER CURIAM:*
The court has carefully considered this case in light of
the briefs, oral argument and pertinent portions of the record.
Having done so, we find no reversible error of fact or law.
Although the inferential evidence of racial discrimination in
regard to Erby’s failure to promote claim was weak, it was not so
nonexistent as to require taking the claim away from the jury. No
doubt their view of this claim was also colored by the more
compelling evidence on the retaliation claim. We find no

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reversible error in the court’s remitted award of damages or in its
decision to deny a new trial.
AFFIRMED.

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