Pretty On Top v. First Interstate Bank

MEMORANDUM *

Plaintiff Burton Pretty On Top, Sr., sued his former employer, Defendant First Interstate Bank, alleging that he had been discriminated against on the basis of race and age, and that he had been fired in retaliation for complaining about the alleged discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, and the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 633a. The district court granted First Interstate’s motion for a directed verdict on the age discrimination claim, and a jury ruled for First Interstate on the race discrimination and retaliation claims. Pretty On Top contests several evidentiary rulings made by the magistrate judge who *542 presided over the trial, and further alleges that the magistrate judge erred in instructing and querying the jury.

Pretty On Top first contends that the magistrate judge erred in admitting evidence of poor job performance discovered after he was terminated. This claim fails because Pretty On Top did not adequately preserve it for appeal. Although he moved in limine to exclude the evidence prior to trial, he did not renew his objection when First Interstate sought to…