Maynard

The City of San Jose and the individual defendants appeal the jury’s partial verdicts for Elden Clay Maynard on his federal civil rights and pendent state claims. Maynard cross-appeals the district court’s denial of equitable relief and its calculation of attorneys’ fees. We affirm in part, reverse in part, and remand for further consideration of the damages award.

I. Background

In July of 1986 Elden Clay Maynard began working for the City of San Jose as a communications engineering manager in the General Services Department. The Department assigned Maynard to work on its development of a new 911 Public Safety Communications Center. Maynard’s responsibilities included supervising several employees in the Department’s engineering section and working with a police officer assigned to help ensure that the new communications center met the Police Department’s needs.

Later that year, Maynard learned that his supervisor, Jack Atkinson, had selected someone to train police and fire dispatchers to use the new system before Nancy Jackson, another manager in the Department, had finished interviewing all candidates for the position. Maynard discovered that Atkinson had drafted a letter…