Opinion
Civil Action No. 06-cv-01881-REB-CBS.
June 11, 2008
ORDER GRANTING PLAINTIFF'S UNOPPOSED REQUEST FOR EQUITABLE RELIEF TO BE INCLUDED IN THE JUDGMENT
The matter before me is Plaintiff's Unopposed Request for Equitable Relief To Be Included in the Judgment [#86], filed June 4, 2008. The motion is well taken and unopposed. I grant the motion.
Following a three-day trial, a jury returned a verdict in favor of plaintiff on each of his three claims under Title VII and awarded him damages in the amount of $200,000. Consistent with the law of this circuit, the jury was instructed not to consider the issue of backpay in considering an award of damages. The evidence at trial established that plaintiff lost approximately $200 in pay when he was denied the right to case the mail on route 105 during Patrick Selix's vacation in October, 2005. The jury's verdict confirmed that this action constituted a violation of Title VII. In addition, prejudgment interest on an award of backpay is an element of complete compensation. See Loeffler v. Frank, 486 U.S. 549, 558, 108 S.Ct. 1965, 1971, 100 L.Ed.2d 549 (1988). Moreover, defendant does not object to the inclusion of such an award in the final judgment. THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff's Unopposed Request for Equitable Relief To Be Included in the Judgment [#86], filed June 4, 2008, is GRANTED; and
2. That when final judgment is entered, it SHALL INCLUDE an award of $200.00 in backpay, plus prejudgment interest from October, 2005, until the date judgment enters.