B. Benedict Waters v. Charles Young, and Paul Townsend and William Cormier

Byron Benedict Waters appeals from the district court’s rejection of his civil rights claims under 42 U.S.C. §§ 1981 , 1983, and 1985(3) against employees of the University of California at Los Angeles (UCLA). Waters argues on appeal that the district court erred in granting the defendants’ motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(a) without first apprising him of the deficiencies in his proof and giving him an opportunity to present further evidence on any dispositive facts. We agree and remand for a new trial.

BACKGROUND

Waters is an African-American male who formerly worked as a temporary employee at UCLA. From 1986 to 1987, he was assigned to work in the mailroom at UCLA Capital Programs, an organization that performs general contracting work for the university. During that time, he met his current girlfriend, a white woman and mailroom coworker. Waters has alleged that one of his supervisors at Capital Programs made a variety of disparaging and racist remarks about his interracial relationship. When a career position in the mailroom opened, it was offered to him, but following the alleged criticism of his interracial relationship, the…