Diaz
Diaz v. Pima County
Opinion
Lead Opinion
MEMORANDUM **
Elena Diaz appeals from an adverse jury verdict on her Title VII claim. The facts and prior proceedings are known to the parties; they are not cited herein, except as necessary.
The district court did not abuse its discretion in restricting Diaz’s cross-exam *311 ination of the County’s witnesses about the contents of Exhibit 23. The exhibit covered the disciplinary records of 21 nurses and reports of those nurses’ 36 medication errors, and unlike Diaz, the vast majority of those nurses appear to have committed no misconduct (such as failure to report) beyond the medication errors themselves. Thus, these records were only marginally useful for purposes of establishing disparate treatment, and the district court reasonably concluded that allowing Diaz’s counsel to explore all of the medication errors that the exhibit detailed would be more time-consuming than the prospective probative value could justify. Diaz was allowed to explore the County’s treatment of two white nurses who committed multiple errors. Moreover, the exhibit itself was admitted into evidence and available to the jury, and other witnesses summarized its contents. The limitations on…