Ruiz v. Johnson

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________
m 99-40771
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FRANCIS N. TERRELL,
Plaintiff-Appellee,
VERSUS
UNIVERSITY OF NORTH TEXAS,
Defendant-Appellant.
_________________________
Appeal from the United States District Court
for the Eastern District of Texas
(4:97-CV-201)
_________________________
September 1, 2000
Before SMITH and DENNIS, Circuit
Judges, and ROETTGER, District Judge.*
PER CURIAM:**
The University of North Texas appeals a
judgment on a jury verdict in this title VII race
discrimination employment case brought by
Francis Terrell. We conclude, first, that the
notice of appeal was timely, so we do have
appellate jurisdiction.
We have examined the briefs and pertinent
portions of the record. We find no reversible
error in any of the actions taken by the district
court.
Specifically, we conclude that the evidence
was sufficient for the jury to find race discrim-
ination. Regarding the sufficiency of the evi-
dence to establish mental anguish, the issue
* District Judge of the Southern District of
Florida, sitting by designation.
** 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determined that this opinion should not be
published and is not precedent except under the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.

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was waived by failure to object to the jury sub-
mission. There was no error in the submission
regarding motivating factor. Moreover, the
defendant failed to request an instruction on
mixed motive, so that issue is waived.
AFFIRMED.

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