Opinion · Court of Appeals for the Fifth Circuit

William J. LYNCH, Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee

475 F.2d 764

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1973-03-22
Topic
general

How later courts describe this case

  • denying jury trial where allegations of compensatory and punitive damages were frivolous and unsupported
  • unsupported allegations for compensatory damages insufficient to sustain jury demand

Citator

UpLaw has not yet analyzed William J. LYNCH, Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee. The absence of a flag is not a finding that it is good law.

Cited by
45 opinions
LYNCH v. PAN AMERICAN WORLD AIRWAYS, INC.,475 F.2d 764(5th Cir. 1973)
WILLIAM J. LYNCH, PLAINTIFF-APPELLANT, v. PAN AMERICAN WORLD AIRWAYS, INC.,
DEFENDANT-APPELLEE.
No. 72-3782.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
March 22, 1973.
Page 765
Arthur Massey, Miami, Fla., Jon D. Caminez, Tallahassee, Fla., for plaintiff-appellant.

Hervey Yancey, Miami, Fla., Smathers Thompson, Miami, Fla., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before JOHN R. BROWN, Chief Judge and DYER and SIMPSON, Circuit Judges.
PER CURIAM:
[1] The sole issue presented by Plaintiff-Appellant in this appeal is that the trial court erred in granting the Defendant's motion to strike Plaintiff's motion for a jury trial. Plaintiff contended that he was discriminatorily discharged by his employer because of his race. Shunning the support of Title VII,42 U.S.C.A. § 2000e, Plaintiff cast his complaint under42 U.S.C.A. § 1981. He sought essentially reinstatement with backpay plus compensatory and punitive damages. The trial court found that the gist of the complaint was equitable, and, accordingly, denied Plaintiff's request for a jury trial. We affirm.

[2] A claim for reinstatement is equitable in nature. The imposition of monetary damages to make the employee whole for lost backpay does not change the character of the proceeding and thereby mandate a jury trial. Harkless v. Sweeny Independent School District, 5 Cir., 1970,427 F.2d 319; Johnson v. Georgia Highway Express, Inc., 5 Cir., 1969,417 F.2d 1122; Smith v. Hampton Training School for Nurses, 4 Cir., 1966,360 F.2d 577; Williams v. Travenol Laboratories, Inc., N.D.Miss., 1972,344 F. Supp. 163. Neither may the Plaintiff — by framing his prayer under § 1981 or by making unsupported allegations for compensatory and punitive damages — unilaterally alter the genre of the proceeding.

[3] Affirmed.Page 767
  1. Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970,431 F.2d 409, Part I. ↩