Diaz

Diaz v. Pima County

Good Law
34 F. App'x 309
United States Court of Appeals for the Ninth CircuitApril 18, 2002No. 01-15510; D.C. No. CV-98-00326-WDBCalifornia772 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.