{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=us:ca8-24-2689-2026-03-30","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=us:ca8-24-2689-2026-03-30)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-13","fingerprint":"ewai:us:97516d","proof":"sha256:d91296a60caad1ab9d3c22734f64e55c4bf5158d0fe850e3f13b6809b0513577","jurisdiction":"us","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"us:ca8-24-2689-2026-03-30","jurisdiction":"us","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"United States Court of Appeals","paragraphs":[]},{"title":"For the Eighth Circuit","paragraphs":["para_3"]},{"title":"No. 24-2689","paragraphs":["para_5"]},{"title":"Angelica Woods","paragraphs":[]},{"title":"Plaintiff - Appellee","paragraphs":["para_8"]},{"title":"City of St. Louis, Missouri, a municipal corporation; James Wilson, in his","paragraphs":["para_10"]},{"title":"Defendants - Appellants","paragraphs":["para_12"]},{"title":"Appeal from United States District Court","paragraphs":["para_14","para_15"]},{"title":"Submitted: November 18, 2025","paragraphs":[]},{"title":"Filed: March 30, 2026","paragraphs":["para_18","para_19","para_20","para_21"]},{"title":"After her termination, Angelica Woods commenced this action against the","paragraphs":[]},{"title":"City of St. Louis, Missouri, and the City’s former Director of the Department of","paragraphs":[]},{"title":"Streets, James Wilson, asserting violations of the First Amendment to the United","paragraphs":["para_25","para_26","para_27","para_28","para_29","para_30"]},{"title":"I. BACKGROUND","paragraphs":[]},{"title":"Woods was employed by the City of St. Louis as a corrections officer for 22","paragraphs":["para_33","para_34"]},{"title":"Woods dispatched tow trucks to various places around the city and inputted data into","paragraphs":["para_36","para_37","para_38","para_39","para_40","para_41","para_42"]},{"title":"Stayton, and Kenya Lott, falsifying tow records by failing to record necessary","paragraphs":["para_44","para_45"]},{"title":"Additionally, Woods became aware of a scheme in which tow lot employees","paragraphs":["para_47","para_48","para_49"]},{"title":"Steve Estopare became her supervisor. During the relevant period, Kent Flake","paragraphs":["para_51"]},{"title":"Director of the Department of Streets. Woods reported her concerns about the tow","paragraphs":[]},{"title":"1The Honorable Catherine D. Perry, United States District Judge for the","paragraphs":["para_54","para_55","para_56","para_57"]},{"title":"After making these reports, tow lot employees labeled Woods a “snitch” and","paragraphs":["para_59"]},{"title":"Woods experienced harassment and retaliation by her co-workers and supervisors","paragraphs":["para_61","para_62","para_63"]},{"title":"Woods asked to meet with Wilson as early as November 2020 to discuss her","paragraphs":["para_65","para_66","para_67","para_68","para_69"]},{"title":"Due to internal conflict in the office, Woods submitted FMLA paperwork to","paragraphs":["para_71","para_72"]},{"title":"December 31, 2020, when a co-worker, Stayton, was harassing her. The conflict","paragraphs":["para_74","para_75","para_76","para_77","para_78","para_79","para_80","para_81"]},{"title":"2Woods reported other issues as well, but the district court concluded in a","paragraphs":["para_83","para_84","para_85","para_86","para_87","para_88"]},{"title":"On January 20, 2021, Wilson notified Woods that he had scheduled a pre-","paragraphs":["para_90","para_91","para_92","para_93"]},{"title":"Woods falsely told a customer on November 24, 2020, that two tow lot employees","paragraphs":["para_95","para_96","para_97"]},{"title":"Woods retained an attorney to represent her. Her counsel sent Wilson a letter","paragraphs":["para_99","para_100","para_101","para_102","para_103","para_104","para_105"]},{"title":"Unbeknownst to Wilson, in early December 2020, Woods contacted KSDK","paragraphs":["para_107","para_108"]},{"title":"February 4, 2021, KSDK published an article and aired a story disclosing","paragraphs":["para_110","para_111"]},{"title":"Louis Circuit Attorney’s Office that an investigation into the tow lot was underway","paragraphs":["para_113","para_114","para_115","para_116","para_117"]},{"title":"Neither the article nor the newscast identified Woods by name. The source of","paragraphs":["para_119","para_120","para_121","para_122","para_123","para_124","para_125","para_126","para_127","para_128","para_129","para_130"]},{"title":"The termination letter stated: “It is my determination that your employment with the","paragraphs":[]},{"title":"City of St. Louis be terminated immediately.” Other than telling Woods she would","paragraphs":["para_133","para_134"]},{"title":"In April 2021, Woods commenced this action. She alleges the City and","paragraphs":[]},{"title":"Wilson unlawfully retaliated against her for exercising her First Amendment rights","paragraphs":["para_137","para_138","para_139","para_140","para_141"]},{"title":"Wilson and the City unsuccessfully moved for judgment as a matter of law. Wilson","paragraphs":["para_143","para_144","para_145","para_146","para_147"]},{"title":"Woods satisfied her burden of proving she reported the unlawful sale or transfer of","paragraphs":["para_149","para_150","para_151","para_152"]},{"title":"Lastly, the jury found that Wilson would not have terminated Woods if he had not","paragraphs":["para_154"]},{"title":"After the verdict, Wilson renewed his motion for judgment as a matter of law","paragraphs":["para_156","para_157","para_158"]},{"title":"Woods for violating the workplace violence and gender-based harassment policies;","paragraphs":["para_160"]},{"title":"In the alternative, Wilson argued he was entitled to a new trial under Federal Rule","paragraphs":["para_162","para_163","para_164","para_165","para_166","para_167"]},{"title":"Wilson appeals the district court’s decision. In his brief, Wilson asserts the","paragraphs":["para_169","para_170","para_171","para_172","para_173","para_174","para_175"]},{"title":"II. DISCUSSION","paragraphs":[]},{"title":"A. Qualified Immunity","paragraphs":["para_178"]},{"title":"Wilson did not raise the defense of qualified immunity prior to trial. He","paragraphs":["para_180","para_181","para_182","para_183","para_184","para_185","para_186","para_187","para_188","para_189","para_190"]},{"title":"Wilson did not file a reply brief. In examining whether Wilson preserved the","paragraphs":["para_192","para_193","para_194","para_195","para_196"]},{"title":"It is well established that “[p]oints not meaningfully argued in an opening","paragraphs":["para_198"]},{"title":"After the argument, Wilson filed a letter under Federal Rule Appellate Procedure","paragraphs":[]},{"title":"28(j), citing his Rule 50 motions filed in the district court that raised the issue of","paragraphs":["para_201","para_202"]},{"title":"Registration Sys., Inc., 738 F.3d 926, 934 n.8 (8th Cir. 2013). Further, Rule 28(j)","paragraphs":["para_204","para_205","para_206","para_207"]},{"title":"Because Wilson did not meaningfully brief the doctrine of qualified immunity, he","paragraphs":["para_209"]},{"title":"B. Sufficiency of Evidence","paragraphs":[]},{"title":"Wilson contends the district court erred in denying his motions for judgment","paragraphs":["para_212"]},{"title":"Woods’s termination was based on protected speech. Wilson points to the purported","paragraphs":["para_214","para_215"]},{"title":"We review the denial of a Rule 50 motion de novo, viewing the evidence in","paragraphs":["para_217","para_218"]},{"title":"Platte Court LLC, 144 F.4th 1007, 1012 (8th Cir. 2025). “We ‘will reverse only if","paragraphs":["para_220","para_221","para_222","para_223","para_224","para_225","para_226","para_227","para_228","para_229","para_230","para_231","para_232"]},{"title":"As to the final reason for termination identified by Wilson—the verbal","paragraphs":["para_234","para_235","para_236","para_237","para_238","para_239"]},{"title":"In addition to presenting evidence discrediting Wilson’s stated reasons for","paragraphs":["para_241"]},{"title":"Wilson opted to handle during his tenure as director. The jury could have weighed","paragraphs":["para_243","para_244","para_245","para_246"]},{"title":"While Wilson testified that nothing Woods presented at the pre-termination","paragraphs":["para_248"]},{"title":"Wilson. One day after the news released its story about ongoing misconduct at the","paragraphs":["para_250"]},{"title":"Temporal proximity, combined with other evidence showing animus towards","paragraphs":[]},{"title":"Woods, could cause a reasonable jury to assess credibility and resolve factual","paragraphs":["para_253"]},{"title":"801 F.3d 901, 909 (8th Cir. 2015) (explaining that when viewed in context of the","paragraphs":["para_255","para_256","para_257","para_258","para_259","para_260","para_261","para_262","para_263","para_264"]},{"title":"C. Alleged Evidentiary Errors","paragraphs":[]},{"title":"Next, Wilson contends the district court made “prejudicially errant","paragraphs":["para_267","para_268","para_269","para_270","para_271","para_272"]},{"title":"James Mundy and Jerome Cooley, on the grounds that they were not similarly","paragraphs":["para_274","para_275"]},{"title":"Reinard v. Crown Equip. Corp., 983 F.3d 1064, 1066 (8th Cir. 2020). Likewise, we","paragraphs":["para_277","para_278"]},{"title":"(8th Cir. 2024). When a new trial motion is premised on evidentiary errors, we will","paragraphs":["para_280"]},{"title":"Nicholson v. Biomet, Inc., 46 F.4th 747, 762 (8th Cir. 2022). A clear and prejudicial","paragraphs":["para_282","para_283"]},{"title":"1. News Article and Story","paragraphs":[]},{"title":"Wilson challenges admission of a news article and newscast discussing","paragraphs":["para_286","para_287","para_288","para_289","para_290","para_291","para_292"]},{"title":"On appeal, Wilson claims the evidence was “wholly irrelevant” and unfairly","paragraphs":["para_294","para_295","para_296"]},{"title":"Wilson’s pre-termination letter advised Woods that the City was “considering [her]","paragraphs":["para_298","para_299","para_300","para_301","para_302"]},{"title":"After the hearing concluded, several days passed with Wilson taking no action","paragraphs":["para_304","para_305","para_306"]},{"title":"Amendment. After the media coverage, the public became privy to not only","paragraphs":["para_308","para_309"]},{"title":"Attorney’s Office to open an investigation. Given the sequence of events and the","paragraphs":["para_311","para_312"]},{"title":"Woods’s involvement with the media was a motivating factor in Wilson’s decision","paragraphs":["para_314","para_315"]},{"title":"Further, the federal rules of evidence do not offer protection against evidence","paragraphs":["para_317"]},{"title":"991 F.3d at 956. Wilson has not convinced us that the evidence was so inflammatory","paragraphs":["para_319","para_320","para_321","para_322","para_323","para_324"]},{"title":"Wilson has failed to show a clear and prejudicial abuse of discretion in","paragraphs":["para_326","para_327"]},{"title":"LLC, 142 F.4th 1122, 1133 (8th Cir. 2025) (defining relevant evidence as “that","paragraphs":["para_329","para_330"]},{"title":"2. Recording of Pre-Termination Hearing","paragraphs":[]},{"title":"Wilson also objected at trial to admission of the pre-termination review","paragraphs":["para_333","para_334"]},{"title":"In response, Woods argued the recording was probative of Wilson’s knowledge, as","paragraphs":[]},{"title":"Wilson conducted the hearing and made the final decision to terminate Woods. The","paragraphs":["para_337"]},{"title":"Wilson’s claim that the entire recording should have been excluded because","paragraphs":["para_339","para_340","para_341","para_342","para_343","para_344"]},{"title":"Wilson’s claim also ignores evidence from which a jury could draw","paragraphs":["para_346","para_347","para_348","para_349"]},{"title":"Woods’s employment status. Wilson terminated Woods’s employment the day after","paragraphs":[]},{"title":"Woods’s protected speech was disclosed to the public. Assessing witness credibility","paragraphs":["para_352","para_353"]},{"title":"Despite having probative value, Wilson also seeks exclusion of the entire","paragraphs":["para_355","para_356","para_357","para_358","para_359","para_360","para_361"]},{"title":"1212, 1215 (8th Cir. 2002) (“When neither party requests a limiting instruction at","paragraphs":["para_363","para_364"]},{"title":"(unpublished) (explaining that when no limiting instruction was requested to explain","paragraphs":["para_366","para_367","para_368","para_369","para_370"]},{"title":"Wilson has not satisfied his burden of showing plain error. Having not asked","paragraphs":["para_372","para_373","para_374","para_375","para_376"]},{"title":"Woods’s employment. The court advised Wilson’s counsel that Wilson can explain","paragraphs":["para_378","para_379","para_380"]},{"title":"I’m frankly learning a lot of stuff I didn’t learn even in the summary judgment","paragraphs":["para_382","para_383"]},{"title":"Wilson forfeited his evidentiary objection when he let the recording play in full and","paragraphs":["para_385"]},{"title":"Because the video contained probative evidence on a material factual dispute and","paragraphs":[]},{"title":"Wilson never asked for a limiting instruction or redactions, Wilson has failed to","paragraphs":["para_388"]},{"title":"3. Pre-Termination Review Hearing Materials","paragraphs":[]},{"title":"Wilson next challenges admission of three exhibits, which were submitted at","paragraphs":["para_391","para_392"]},{"title":"2020, regarding employees taking items from vehicles on the tow lot), and Exhibit","paragraphs":[]},{"title":"9 (a written reprimand for Stayton). Wilson contends these materials were","paragraphs":["para_395"]},{"title":"Notably, the district court did exclude one of the exhibits Wilson challenges","paragraphs":["para_397"]},{"title":"Exhibit 83 contained the pre-termination review hearing exhibits, which were","paragraphs":["para_399","para_400","para_401","para_402"]},{"title":"Exhibit 7 is an email sent by a law enforcement officer to Young dated","paragraphs":[]},{"title":"November 24, 2020, which stated, in part: “The dispatcher also advised us that the","paragraphs":["para_405","para_406"]},{"title":"Woods’s conduct. Wilson’s assertions are contradicted by the record. In his pre-","paragraphs":["para_408","para_409"]},{"title":"November 24, 2020, to a customer and this “misinformation” and “false allegation”","paragraphs":["para_411","para_412","para_413","para_414","para_415","para_416","para_417"]},{"title":"Lastly, as described by Wilson, Exhibit 9 is an “undated, unsigned ‘written","paragraphs":["para_419"]},{"title":"Stayton regarding her attitude.” At trial, Wilson objected to admission of the","paragraphs":["para_421","para_422","para_423","para_424"]},{"title":"Wilson’s counsel suggested that the letter was “consistent with Ms. Woods’","paragraphs":["para_426","para_427","para_428","para_429","para_430","para_431","para_432","para_433"]},{"title":"Unrefuted trial testimony established Exhibit 9—while not on City letterhead","paragraphs":["para_435","para_436","para_437","para_438","para_439","para_440","para_441","para_442"]},{"title":"Wilson cannot now complain about the prejudicial impact of the letter that was","paragraphs":["para_444"]},{"title":"4. Testimony of Former Tow Lot Employees","paragraphs":[]},{"title":"In his final evidentiary challenge, Wilson takes issue with the admission of","paragraphs":["para_447","para_448","para_449","para_450"]},{"title":"Woods attempted to show the City engaged in a pattern of retaliation when an","paragraphs":["para_452","para_453","para_454"]},{"title":"Cooley testified about witnessing co-workers falsifying documents and engaging in","paragraphs":["para_456","para_457","para_458","para_459"]},{"title":"Wilson offered explanations to the jury as to why Mundy was terminated and","paragraphs":[]},{"title":"Cooley was transferred. Wilson told the jury that the City decided not to extend","paragraphs":["para_462"]},{"title":"As to Cooley, Wilson testified that the transfer was because Cooley could not get","paragraphs":["para_464","para_465","para_466","para_467","para_468","para_469","para_470","para_471"]},{"title":"Wilson also contends evidence as to how Stayton was treated after the verbal","paragraphs":["para_473","para_474","para_475","para_476"]},{"title":"Stayton was treated in response to the verbal altercation, which was purportedly the","paragraphs":["para_478","para_479"]},{"title":"Once again, to support his claim for exclusion, Wilson asks us to view the","paragraphs":["para_481","para_482","para_483","para_484","para_485","para_486","para_487","para_488"]},{"title":"In conclusion, Wilson has not shown any of the district court’s evidentiary","paragraphs":["para_490"]},{"title":"Court is not permitted to change a jury’s verdict, exclude evidence, or grant a new","paragraphs":["para_492","para_493","para_494","para_495"]},{"title":"D. Punitive Damages","paragraphs":[]},{"title":"Wilson also asks us to strike the punitive damages award. He argues there","paragraphs":["para_498","para_499","para_500","para_501","para_502","para_503"]},{"title":"A jury is permitted to consider awarding punitive damages when there is","paragraphs":["para_505","para_506","para_507"]},{"title":"The focus when considering punitive damages is on whether the offensive conduct","paragraphs":["para_509","para_510","para_511","para_512","para_513"]},{"title":"The record shows Woods requested to meet with Wilson about her concerns","paragraphs":["para_515"]},{"title":"Woods, Wilson was communicating with fellow “buddy system” members about","paragraphs":[]},{"title":"Woods’s allegations. Without ever meeting with Woods, Wilson signed a pre-","paragraphs":["para_518"]},{"title":"As to two of the incidents, Wilson apparently did not verify whether Woods actually","paragraphs":["para_520","para_521"]},{"title":"As to the verbal altercation, Wilson played a recording of the incident multiple","paragraphs":["para_523","para_524","para_525","para_526","para_527","para_528","para_529"]},{"title":"While Wilson testified that nothing presented at the pre-termination hearing","paragraphs":["para_531","para_532","para_533"]},{"title":"Woods. Viewing these facts in the light most favorable to the verdict and drawing","paragraphs":["para_535","para_536","para_537"]},{"title":"The jury was instructed that it could find Wilson acted with reckless","paragraphs":["para_539","para_540","para_541","para_542","para_543","para_544","para_545"]},{"title":"Woods tried but was unsuccessful in convincing Wilson to meet with her to","paragraphs":["para_547"]},{"title":"Woods felt the response from City officials was inadequate, she went to the media","paragraphs":["para_549","para_550","para_551","para_552","para_553","para_554","para_555","para_556"]},{"title":"This evidence could have led a reasonable jury to conclude Wilson was motivated","paragraphs":["para_558","para_559","para_560","para_561","para_562"]},{"title":"III. CONCLUSION","paragraphs":["para_564","para_565"]}],"paragraphs":[{"text":"United States Court of Appeals","paragraph_id":"para_1"},{"text":"For the Eighth Circuit","paragraph_id":"para_2"},{"text":"___________________________","paragraph_id":"para_3"},{"text":"No. 24-2689","paragraph_id":"para_4"},{"text":"___________________________","paragraph_id":"para_5"},{"text":"Angelica Woods","paragraph_id":"para_6"},{"text":"Plaintiff - Appellee","paragraph_id":"para_7"},{"text":"v.","paragraph_id":"para_8"},{"text":"City of St. Louis, Missouri, a municipal corporation; James Wilson, in his","paragraph_id":"para_9"},{"text":"individual capacity, also known as Jamie Wilson","paragraph_id":"para_10"},{"text":"Defendants - Appellants","paragraph_id":"para_11"},{"text":"____________","paragraph_id":"para_12"},{"text":"Appeal from United States District Court","paragraph_id":"para_13"},{"text":"for the Eastern District of Missouri - St. Louis","paragraph_id":"para_14"},{"text":"____________","paragraph_id":"para_15"},{"text":"Submitted: November 18, 2025","paragraph_id":"para_16"},{"text":"Filed: March 30, 2026","paragraph_id":"para_17"},{"text":"____________","paragraph_id":"para_18"},{"text":"Before COLLOTON, Chief Judge, SHEPHERD and ERICKSON, Circuit Judges.","paragraph_id":"para_19"},{"text":"____________","paragraph_id":"para_20"},{"text":"ERICKSON, Circuit Judge.","paragraph_id":"para_21"},{"text":"After her termination, Angelica Woods commenced this action against the","paragraph_id":"para_22"},{"text":"City of St. Louis, Missouri, and the City’s former Director of the Department of","paragraph_id":"para_23"},{"text":"Streets, James Wilson, asserting violations of the First Amendment to the United","paragraph_id":"para_24"},{"text":"States Constitution and the Family and Medical Leave Act (“FMLA”), 29 U.S.C.","paragraph_id":"para_25"},{"text":"§§ 2615 & 2617. A jury returned a verdict in favor of Woods and against Wilson","paragraph_id":"para_26"},{"text":"-2-","paragraph_id":"para_27"},{"text":"on her First Amendment retaliation claim. Wilson appeals the district court’s1 denial","paragraph_id":"para_28"},{"text":"of his renewed motion for judgment as a matter of law and his alternative motion for","paragraph_id":"para_29"},{"text":"a new trial. We affirm.","paragraph_id":"para_30"},{"text":"I. BACKGROUND","paragraph_id":"para_31"},{"text":"Woods was employed by the City of St. Louis as a corrections officer for 22","paragraph_id":"para_32"},{"text":"years until she was injured on the job. In April 2020, Woods began working as a","paragraph_id":"para_33"},{"text":"clerk typist for the City’s Towing Service Division (“tow lot”). In this position,","paragraph_id":"para_34"},{"text":"Woods dispatched tow trucks to various places around the city and inputted data into","paragraph_id":"para_35"},{"text":"a computer system to document what services had been provided. Almost","paragraph_id":"para_36"},{"text":"immediately, Woods developed concerns about the tow lot’s operations. For","paragraph_id":"para_37"},{"text":"instance, other tow lot employees told Woods that she could get cheap cars from the","paragraph_id":"para_38"},{"text":"lot for herself and her family by changing the vehicle’s sale price and obtaining a","paragraph_id":"para_39"},{"text":"new title for the vehicle. Woods observed a non-tow lot employee retrieve vehicle","paragraph_id":"para_40"},{"text":"keys and titles from the office. These vehicles were then sold without going through","paragraph_id":"para_41"},{"text":"auction. Woods also observed tow lot employees, including Cheryl Pogue, Shonnell","paragraph_id":"para_42"},{"text":"Stayton, and Kenya Lott, falsifying tow records by failing to record necessary","paragraph_id":"para_43"},{"text":"information. Woods also heard Pogue call and inform people when nice vehicles","paragraph_id":"para_44"},{"text":"with titles arrived so they could stop by and see if they wanted any of them.","paragraph_id":"para_45"},{"text":"Additionally, Woods became aware of a scheme in which tow lot employees","paragraph_id":"para_46"},{"text":"falsified bills of sale for cars bought at auction by changing the bid amount to a lower","paragraph_id":"para_47"},{"text":"price. Some of these vehicles were then transferred to tow lot employees.","paragraph_id":"para_48"},{"text":"Edwin Young was Woods’s initial supervisor. After Young was terminated,","paragraph_id":"para_49"},{"text":"Steve Estopare became her supervisor. During the relevant period, Kent Flake","paragraph_id":"para_50"},{"text":"oversaw the tow lot as the Commissioner of Streets and Wilson served as the","paragraph_id":"para_51"},{"text":"Director of the Department of Streets. Woods reported her concerns about the tow","paragraph_id":"para_52"},{"text":"1The Honorable Catherine D. Perry, United States District Judge for the","paragraph_id":"para_53"},{"text":"Eastern District of Missouri.","paragraph_id":"para_54"},{"text":"-3-","paragraph_id":"para_55"},{"text":"lot’s operations2 to Young, Flake, Wilson, the mayor’s office, the City’s","paragraph_id":"para_56"},{"text":"comptroller’s office, the City’s personnel department, and eventually the media.","paragraph_id":"para_57"},{"text":"After making these reports, tow lot employees labeled Woods a “snitch” and","paragraph_id":"para_58"},{"text":"marginalized her because of her refusal to participate in the unlawful activities.","paragraph_id":"para_59"},{"text":"Woods experienced harassment and retaliation by her co-workers and supervisors","paragraph_id":"para_60"},{"text":"who were part of an informal “buddy system,” which consisted of individuals who","paragraph_id":"para_61"},{"text":"directly participated in the fraud and/or indirectly participated by protecting the","paragraph_id":"para_62"},{"text":"participants and retaliating against those unwilling to participate.","paragraph_id":"para_63"},{"text":"Woods asked to meet with Wilson as early as November 2020 to discuss her","paragraph_id":"para_64"},{"text":"concerns, but Wilson refused to meet with her. On December 17, 2020, Woods","paragraph_id":"para_65"},{"text":"received an overall successful rating on her six-month evaluation. She received","paragraph_id":"para_66"},{"text":"unsuccessful ratings in the categories of judgment; interpersonal skills; and work","paragraph_id":"para_67"},{"text":"habits, and successful ratings in the areas of customer service; productivity; quality;","paragraph_id":"para_68"},{"text":"and safety.","paragraph_id":"para_69"},{"text":"Due to internal conflict in the office, Woods submitted FMLA paperwork to","paragraph_id":"para_70"},{"text":"take intermittent leave for work-related stress. The City approved Woods’s request,","paragraph_id":"para_71"},{"text":"but Woods claimed her supervisor denied her request to take an hour of leave on","paragraph_id":"para_72"},{"text":"December 31, 2020, when a co-worker, Stayton, was harassing her. The conflict","paragraph_id":"para_73"},{"text":"eventually led to a verbal altercation in the office, which was recorded by employee","paragraph_id":"para_74"},{"text":"cell phones and surveillance video. The surveillance video, which Wilson played","paragraph_id":"para_75"},{"text":"for the jury multiple times, depicted Woods and Stayton screaming at each other and","paragraph_id":"para_76"},{"text":"calling each other names. Other employees stood by watching, only intervening to","paragraph_id":"para_77"},{"text":"restrain one or the other from making physical contact. At one point, Stayton began","paragraph_id":"para_78"},{"text":"removing her high heeled boot to fight Woods. Estopare eventually directed Woods","paragraph_id":"para_79"},{"text":"to leave and docked Woods’s pay. Although present for the entire incident, Estopare","paragraph_id":"para_80"},{"text":"did not address Stayton’s conduct at all, nor did he send her home.3 When Woods","paragraph_id":"para_81"},{"text":"2Woods reported other issues as well, but the district court concluded in a","paragraph_id":"para_82"},{"text":"pretrial ruling that only reporting the unlawful sale or transfer of vehicles was First","paragraph_id":"para_83"},{"text":"Amendment protected activity and limited Woods’s retaliation claim to this conduct.","paragraph_id":"para_84"},{"text":"3Stayton was later disciplined for her behavior but was not terminated.","paragraph_id":"para_85"},{"text":"-4-","paragraph_id":"para_86"},{"text":"challenged Estopare’s handling of the situation, he called the police. Woods left and","paragraph_id":"para_87"},{"text":"subsequently filed a grievance, resulting in her being paid for the day.","paragraph_id":"para_88"},{"text":"On January 20, 2021, Wilson notified Woods that he had scheduled a pre-","paragraph_id":"para_89"},{"text":"termination review hearing for Wednesday, January 27, 2021. The hearing was","paragraph_id":"para_90"},{"text":"subsequently rescheduled for Monday, February 1, 2021. Wilson identified three","paragraph_id":"para_91"},{"text":"reasons the City was considering Woods’s termination: (1) Woods illegally","paragraph_id":"para_92"},{"text":"wiretapped or eavesdropped on a supervisor’s meeting on November 17, 2020; (2)","paragraph_id":"para_93"},{"text":"Woods falsely told a customer on November 24, 2020, that two tow lot employees","paragraph_id":"para_94"},{"text":"stole a duffle bag out of the customer’s vehicle when the bag had been seized by law","paragraph_id":"para_95"},{"text":"enforcement; and (3) the verbal altercation with Stayton on December 31, 2020,","paragraph_id":"para_96"},{"text":"violated harassment and workplace violence policies.","paragraph_id":"para_97"},{"text":"Woods retained an attorney to represent her. Her counsel sent Wilson a letter","paragraph_id":"para_98"},{"text":"accusing the City of retaliating against Woods for reporting misconduct at the tow","paragraph_id":"para_99"},{"text":"lot. Woods’s counsel appeared and spoke at the pre-termination hearing, which was","paragraph_id":"para_100"},{"text":"recorded. This was the only pre-termination hearing Wilson conducted during his","paragraph_id":"para_101"},{"text":"tenure as director. At the hearing, counsel asserted that Woods was being unlawfully","paragraph_id":"para_102"},{"text":"targeted in retaliation for reporting illegal activities at the tow lot to the comptroller’s","paragraph_id":"para_103"},{"text":"office, the mayor’s office, and the personnel department. Counsel also disclosed","paragraph_id":"para_104"},{"text":"Woods’s participation in a KSDK news story.","paragraph_id":"para_105"},{"text":"Unbeknownst to Wilson, in early December 2020, Woods contacted KSDK","paragraph_id":"para_106"},{"text":"and divulged information about employee misconduct at the tow lot. Woods spoke","paragraph_id":"para_107"},{"text":"with reporters by phone and twice met with them in person in January 2021. On","paragraph_id":"para_108"},{"text":"February 4, 2021, KSDK published an article and aired a story disclosing","paragraph_id":"para_109"},{"text":"improprieties at the tow lot. The tow lot was described as a place where cars are","paragraph_id":"para_110"},{"text":"towed and never seen again. The news story began with “confirmation” from the St.","paragraph_id":"para_111"},{"text":"Louis Circuit Attorney’s Office that an investigation into the tow lot was underway","paragraph_id":"para_112"},{"text":"following the reporters’ investigation, which “uncovered a paper trail of missing","paragraph_id":"para_113"},{"text":"money and questionable practices.” A state senator was also interviewed and noted","paragraph_id":"para_114"},{"text":"-5-","paragraph_id":"para_115"},{"text":"that several employees reported to her mismanagement occurring at the tow lot and","paragraph_id":"para_116"},{"text":"she urged the mayor’s office in 2019 to launch an investigation.","paragraph_id":"para_117"},{"text":"Neither the article nor the newscast identified Woods by name. The source of","paragraph_id":"para_118"},{"text":"the information reportedly came from a current tow lot employee working with the","paragraph_id":"para_119"},{"text":"reporters to dissect more than a hundred pages of tow lot records. During the on-","paragraph_id":"para_120"},{"text":"camera interview, Woods’s appearance and voice were disguised. Based on the","paragraph_id":"para_121"},{"text":"records provided, the reporter calculated the City was owed $77,860 for 155 cars","paragraph_id":"para_122"},{"text":"improperly marked as “redeemed” when no money was paid to the City and no buyer","paragraph_id":"para_123"},{"text":"properly identified. The news piece referenced the prior complaints of misconduct","paragraph_id":"para_124"},{"text":"at the tow lot, including a police investigation in 2019 about cars disappearing from","paragraph_id":"para_125"},{"text":"the tow lot without proper payment. Flake was interviewed and denied the claims,","paragraph_id":"para_126"},{"text":"referring to an audit finding no wrongdoing. He stated the tow lot made changes to","paragraph_id":"para_127"},{"text":"its operations after the police investigation in 2019. When the story aired, the","paragraph_id":"para_128"},{"text":"reporter was still waiting for a copy of the audit Flake referenced.","paragraph_id":"para_129"},{"text":"On February 5, 2021, the day after the news story aired, Wilson fired Woods.","paragraph_id":"para_130"},{"text":"The termination letter stated: “It is my determination that your employment with the","paragraph_id":"para_131"},{"text":"City of St. Louis be terminated immediately.” Other than telling Woods she would","paragraph_id":"para_132"},{"text":"be paid for any unused vacation and compensatory leave, the letter provided no","paragraph_id":"para_133"},{"text":"further details or explanation.","paragraph_id":"para_134"},{"text":"In April 2021, Woods commenced this action. She alleges the City and","paragraph_id":"para_135"},{"text":"Wilson unlawfully retaliated against her for exercising her First Amendment rights","paragraph_id":"para_136"},{"text":"and the City unlawfully interfered with her FMLA rights. In pretrial rulings, the","paragraph_id":"para_137"},{"text":"district court dismissed Woods’s First Amendment claim against the City and","paragraph_id":"para_138"},{"text":"narrowed her First Amendment claim against Wilson to include only reports that co-","paragraph_id":"para_139"},{"text":"workers were engaging in the unlawful sale or transfer of vehicles at the tow lot.","paragraph_id":"para_140"},{"text":"In March 2024, the case proceeded to trial. After Woods rested her case,","paragraph_id":"para_141"},{"text":"Wilson and the City unsuccessfully moved for judgment as a matter of law. Wilson","paragraph_id":"para_142"},{"text":"and the City renewed their motions at the close of evidence. This time, the district","paragraph_id":"para_143"},{"text":"-6-","paragraph_id":"para_144"},{"text":"court again denied Wilson’s motion but granted the City’s motion as to the FMLA","paragraph_id":"para_145"},{"text":"claim. The jury returned a verdict in favor of Woods, awarding her $207,612 in","paragraph_id":"para_146"},{"text":"compensatory damages and $50,000 in punitive damages. The jury expressly found","paragraph_id":"para_147"},{"text":"Woods satisfied her burden of proving she reported the unlawful sale or transfer of","paragraph_id":"para_148"},{"text":"vehicles at the tow lot to Wilson, to the comptroller’s office, to the personnel","paragraph_id":"para_149"},{"text":"department, and to the news media at KSDK. The jury further found that Wilson","paragraph_id":"para_150"},{"text":"was aware Woods made these reports to each of the people or entities listed, and that","paragraph_id":"para_151"},{"text":"her reporting was a motivating factor in Wilson’s decision to terminate Woods.","paragraph_id":"para_152"},{"text":"Lastly, the jury found that Wilson would not have terminated Woods if he had not","paragraph_id":"para_153"},{"text":"considered Woods’s reports about employee misconduct at the tow lot.","paragraph_id":"para_154"},{"text":"After the verdict, Wilson renewed his motion for judgment as a matter of law","paragraph_id":"para_155"},{"text":"under Federal Rule of Civil Procedure 50(b), arguing (1) the “uncontroverted video","paragraph_id":"para_156"},{"text":"evidence” established Woods engaged in “serious misconduct in the workplace;” (2)","paragraph_id":"para_157"},{"text":"he was entitled to qualified immunity because it was reasonable for him to terminate","paragraph_id":"para_158"},{"text":"Woods for violating the workplace violence and gender-based harassment policies;","paragraph_id":"para_159"},{"text":"and (3) the evidence was insufficient to submit a punitive damages claim to the jury.","paragraph_id":"para_160"},{"text":"In the alternative, Wilson argued he was entitled to a new trial under Federal Rule","paragraph_id":"para_161"},{"text":"of Civil Procedure 59 because the district court erred in admitting the entire","paragraph_id":"para_162"},{"text":"recording of Woods’s pre-termination review hearing, which, according to Wilson,","paragraph_id":"para_163"},{"text":"contained irrelevant and hearsay statements that inflamed the jury and unfairly","paragraph_id":"para_164"},{"text":"prejudiced him. In a 46-page order, the district court denied Wilson’s motions and","paragraph_id":"para_165"},{"text":"ordered Wilson to pay attorney’s fees in the amount of $233,673.60 plus post-","paragraph_id":"para_166"},{"text":"judgment interest and costs in the amount of $2,694.41.","paragraph_id":"para_167"},{"text":"Wilson appeals the district court’s decision. In his brief, Wilson asserts the","paragraph_id":"para_168"},{"text":"district court erred when it denied his Rule 50(b) motion because Woods failed to","paragraph_id":"para_169"},{"text":"present evidence from which a reasonable jury could find she was fired due to","paragraph_id":"para_170"},{"text":"protected speech. He also renews his request for a new trial based on purported","paragraph_id":"para_171"},{"text":"evidentiary errors as well as his challenge to submission of the punitive damages","paragraph_id":"para_172"},{"text":"claim. In a couple of letters filed pursuant to Federal Rule Appellate Procedure 28(j),","paragraph_id":"para_173"},{"text":"Wilson raised the issue of qualified immunity.","paragraph_id":"para_174"},{"text":"-7-","paragraph_id":"para_175"},{"text":"II. DISCUSSION","paragraph_id":"para_176"},{"text":"A. Qualified Immunity","paragraph_id":"para_177"},{"text":"At the outset, we must discern which issues have been preserved for appeal.","paragraph_id":"para_178"},{"text":"Wilson did not raise the defense of qualified immunity prior to trial. He","paragraph_id":"para_179"},{"text":"unsuccessfully raised the defense during trial after Woods rested her case and at the","paragraph_id":"para_180"},{"text":"close of evidence, and again post-trial in his renewed motion for judgment as a","paragraph_id":"para_181"},{"text":"matter of law. In Wilson’s opening brief to this Court, the phrase “qualified","paragraph_id":"para_182"},{"text":"immunity” appears a total of four times. Twice in the argument section reciting a","paragraph_id":"para_183"},{"text":"few sentences of boilerplate law along with a sentence stating, “Unless it was clear","paragraph_id":"para_184"},{"text":"that Plaintiff both engaged in protected speech and that terminating her would","paragraph_id":"para_185"},{"text":"constitute retaliation for that speech, Wilson is entitled to qualified immunity.” The","paragraph_id":"para_186"},{"text":"only other time the phrase appears in Wilson’s opening brief is in a conclusory","paragraph_id":"para_187"},{"text":"sentence, stating: “There is no evidence from which a reasonable jury could","paragraph_id":"para_188"},{"text":"conclude that Plaintiff was terminated because of her complaints, particularly given","paragraph_id":"para_189"},{"text":"the leeway afforded Wilson by the doctrine of qualified immunity.”","paragraph_id":"para_190"},{"text":"Wilson did not file a reply brief. In examining whether Wilson preserved the","paragraph_id":"para_191"},{"text":"issue of qualified immunity for appellate review, we note he neither applied the law","paragraph_id":"para_192"},{"text":"recited in his brief about qualified immunity to the facts in this case, nor did he argue","paragraph_id":"para_193"},{"text":"application of the doctrine in any meaningful way. Wilson’s motion to file an","paragraph_id":"para_194"},{"text":"untimely reply brief—submitted two weeks before the scheduled argument—was","paragraph_id":"para_195"},{"text":"denied by this Court.","paragraph_id":"para_196"},{"text":"It is well established that “[p]oints not meaningfully argued in an opening","paragraph_id":"para_197"},{"text":"brief are waived.” Ahlberg v. Chrysler Corp., 481 F.3d 630, 634 (8th Cir. 2007).","paragraph_id":"para_198"},{"text":"After the argument, Wilson filed a letter under Federal Rule Appellate Procedure","paragraph_id":"para_199"},{"text":"28(j), citing his Rule 50 motions filed in the district court that raised the issue of","paragraph_id":"para_200"},{"text":"qualified immunity. However, attempts to incorporate arguments by reference do","paragraph_id":"para_201"},{"text":"not remedy a party’s failure to raise an issue on appeal. Brown v. Mortg. Elec.","paragraph_id":"para_202"},{"text":"Registration Sys., Inc., 738 F.3d 926, 934 n.8 (8th Cir. 2013). Further, Rule 28(j)","paragraph_id":"para_203"},{"text":"-8-","paragraph_id":"para_204"},{"text":"authorizes a party to advise the Court of authorities that come to its attention after","paragraph_id":"para_205"},{"text":"filing its brief or after argument. It is not a procedure for supplementing the record","paragraph_id":"para_206"},{"text":"or raising new issues. See Meeks v. United States, 742 F.3d 841, 844 (8th Cir. 2014).","paragraph_id":"para_207"},{"text":"Because Wilson did not meaningfully brief the doctrine of qualified immunity, he","paragraph_id":"para_208"},{"text":"failed to preserve the issue for review, and we decline to consider it.","paragraph_id":"para_209"},{"text":"B. Sufficiency of Evidence","paragraph_id":"para_210"},{"text":"Wilson contends the district court erred in denying his motions for judgment","paragraph_id":"para_211"},{"text":"as a matter of law because the evidence does not support the jury’s finding that","paragraph_id":"para_212"},{"text":"Woods’s termination was based on protected speech. Wilson points to the purported","paragraph_id":"para_213"},{"text":"“three separate incidents of misconduct” identified in his pre-termination letter, and","paragraph_id":"para_214"},{"text":"argues it was Woods’s own conduct that caused her termination.","paragraph_id":"para_215"},{"text":"We review the denial of a Rule 50 motion de novo, viewing the evidence in","paragraph_id":"para_216"},{"text":"the light most favorable to the verdict, drawing all reasonable inferences in favor of","paragraph_id":"para_217"},{"text":"the verdict, and resolving any conflicts in favor of the verdict. Beran v. VSL North","paragraph_id":"para_218"},{"text":"Platte Court LLC, 144 F.4th 1007, 1012 (8th Cir. 2025). “We ‘will reverse only if","paragraph_id":"para_219"},{"text":"there is a complete absence of probative facts to support the verdict.’” Krekelberg","paragraph_id":"para_220"},{"text":"v. City of Minneapolis, 991 F.3d 949, 953 (8th Cir. 2021) (quoting Am. Bank of St.","paragraph_id":"para_221"},{"text":"Paul v. T.D. Bank, N.A., 713 F.3d 455, 461-62 (8th Cir. 2013)).","paragraph_id":"para_222"},{"text":"The district court meticulously recounted the evidence supporting the verdict,","paragraph_id":"para_223"},{"text":"noting Woods presented ample evidence to discredit the reasons for termination","paragraph_id":"para_224"},{"text":"identified by Wilson in his pre-termination letter. Woods testified that she never","paragraph_id":"para_225"},{"text":"told a customer her bag was stolen by a tow lot employee. Wilson did not refute this","paragraph_id":"para_226"},{"text":"evidence. As to Wilson’s belief that Woods secretly recorded a supervisor’s","paragraph_id":"para_227"},{"text":"meeting, it is within the jurors’ prerogative to credit Woods’s testimony that she was","paragraph_id":"para_228"},{"text":"recording her activities, not a supervisor’s meeting. The recording depicted Woods","paragraph_id":"para_229"},{"text":"placing her phone in a common area where she was plainly visible. Wilson did not","paragraph_id":"para_230"},{"text":"refute Woods’s testimony that “[e]veryone in the office recorded conversations.”","paragraph_id":"para_231"},{"text":"-9-","paragraph_id":"para_232"},{"text":"As to the final reason for termination identified by Wilson—the verbal","paragraph_id":"para_233"},{"text":"altercation, which Wilson places the most emphasis on—a reasonable jury could","paragraph_id":"para_234"},{"text":"find this was a pretextual reason to terminate Woods for her protected activities. A","paragraph_id":"para_235"},{"text":"reasonable jury could conclude Stayton received more favorable treatment for","paragraph_id":"para_236"},{"text":"seemingly equal, if perhaps not greater, culpability in the altercation, despite Stayton","paragraph_id":"para_237"},{"text":"having a documented prior disciplinary record, which included similar conduct of","paragraph_id":"para_238"},{"text":"using threatening language and near physical violence against a co-worker.","paragraph_id":"para_239"},{"text":"In addition to presenting evidence discrediting Wilson’s stated reasons for","paragraph_id":"para_240"},{"text":"termination, Woods highlighted that her pre-termination hearing was the only one","paragraph_id":"para_241"},{"text":"Wilson opted to handle during his tenure as director. The jury could have weighed","paragraph_id":"para_242"},{"text":"the fact that Wilson assigned Flake the task of considering discipline for Stayton","paragraph_id":"para_243"},{"text":"along with the evidence showing Wilson, Flake, and Stayton were part of an","paragraph_id":"para_244"},{"text":"informal “buddy system” to protect those participating in the unlawful sales or","paragraph_id":"para_245"},{"text":"transfers of tow lot vehicles.","paragraph_id":"para_246"},{"text":"While Wilson testified that nothing Woods presented at the pre-termination","paragraph_id":"para_247"},{"text":"hearing changed his mind about terminating Woods, days passed with no action by","paragraph_id":"para_248"},{"text":"Wilson. One day after the news released its story about ongoing misconduct at the","paragraph_id":"para_249"},{"text":"tow lot, which included information provided by Woods, Wilson fired Woods.","paragraph_id":"para_250"},{"text":"Temporal proximity, combined with other evidence showing animus towards","paragraph_id":"para_251"},{"text":"Woods, could cause a reasonable jury to assess credibility and resolve factual","paragraph_id":"para_252"},{"text":"disputes of pretext in favor of Woods. See Brown v. Diversified Distrib. Sys., LLC,","paragraph_id":"para_253"},{"text":"801 F.3d 901, 909 (8th Cir. 2015) (explaining that when viewed in context of the","paragraph_id":"para_254"},{"text":"overall record, temporal proximity may support an inference of retaliation and may","paragraph_id":"para_255"},{"text":"also affect the reasonableness of inferences drawn from other evidence). The","paragraph_id":"para_256"},{"text":"evidentiary record contains probative facts supporting the jury’s verdict. After","paragraph_id":"para_257"},{"text":"weighing the evidence, the jury found Woods’s evidence more persuasive. Because","paragraph_id":"para_258"},{"text":"there is ample evidence to support a reasonable inference that Woods’s protected","paragraph_id":"para_259"},{"text":"speech was a motivating factor in Wilson’s decision to terminate her and we are not","paragraph_id":"para_260"},{"text":"free to second guess the jury’s verdict or reweigh the evidence on appeal, Wilson’s","paragraph_id":"para_261"},{"text":"-10-","paragraph_id":"para_262"},{"text":"challenge to the sufficiency of the evidence fails. See Gruttemeyer v. Transit","paragraph_id":"para_263"},{"text":"Authority, 31 F.4th 638, 648 (8th Cir. 2022).","paragraph_id":"para_264"},{"text":"C. Alleged Evidentiary Errors","paragraph_id":"para_265"},{"text":"Next, Wilson contends the district court made “prejudicially errant","paragraph_id":"para_266"},{"text":"evidentiary rulings” warranting a new trial. Wilson asserts the district court","paragraph_id":"para_267"},{"text":"“errantly admitted two highly prejudicial news exhibits: a written news article and a","paragraph_id":"para_268"},{"text":"video which discussed the same topic: misconduct at City Tow.” And the district","paragraph_id":"para_269"},{"text":"court “compounded the prejudice” by admitting the recording of the pre-termination","paragraph_id":"para_270"},{"text":"hearing as well as materials referenced by Woods’s counsel during the hearing. He","paragraph_id":"para_271"},{"text":"also challenges the admission of testimony from two former tow lot employees,","paragraph_id":"para_272"},{"text":"James Mundy and Jerome Cooley, on the grounds that they were not similarly","paragraph_id":"para_273"},{"text":"situated to Woods and their testimony was more prejudicial than probative.","paragraph_id":"para_274"},{"text":"We review for abuse of discretion the district court’s admission of evidence.","paragraph_id":"para_275"},{"text":"Reinard v. Crown Equip. Corp., 983 F.3d 1064, 1066 (8th Cir. 2020). Likewise, we","paragraph_id":"para_276"},{"text":"review the district court’s denial of a new trial motion under the deferential abuse of","paragraph_id":"para_277"},{"text":"discretion standard. Reach Companies, LLC v. Newsert, LLC, 94 F.4th 712, 716","paragraph_id":"para_278"},{"text":"(8th Cir. 2024). When a new trial motion is premised on evidentiary errors, we will","paragraph_id":"para_279"},{"text":"reverse only upon a finding of “a clear and prejudicial abuse of discretion.”","paragraph_id":"para_280"},{"text":"Nicholson v. Biomet, Inc., 46 F.4th 747, 762 (8th Cir. 2022). A clear and prejudicial","paragraph_id":"para_281"},{"text":"abuse of discretion requires a showing that “the errors misled the jury or had a","paragraph_id":"para_282"},{"text":"probable effect on a jury’s verdict.” Id.","paragraph_id":"para_283"},{"text":"1. News Article and Story","paragraph_id":"para_284"},{"text":"Wilson challenges admission of a news article and newscast discussing","paragraph_id":"para_285"},{"text":"employee misconduct at the tow lot because it referred to Woods as a","paragraph_id":"para_286"},{"text":"“whistleblower” and featured her analyzing documents with reporters. Wilson","paragraph_id":"para_287"},{"text":"sought to exclude the media coverage at trial, asserting it was hearsay, irrelevant,","paragraph_id":"para_288"},{"text":"and prejudicial. He also contended it was cumulative to admit both the article and","paragraph_id":"para_289"},{"text":"-11-","paragraph_id":"para_290"},{"text":"the on-air story. The district court overruled Wilson’s objections and he did not seek","paragraph_id":"para_291"},{"text":"review of these rulings in his motion for a new trial before the district court.","paragraph_id":"para_292"},{"text":"On appeal, Wilson claims the evidence was “wholly irrelevant” and unfairly","paragraph_id":"para_293"},{"text":"prejudicial because Woods’s involvement with the media could not have been a","paragraph_id":"para_294"},{"text":"factor in her termination since Wilson did not know about it when he made his","paragraph_id":"para_295"},{"text":"decision to terminate her employment. Wilson’s argument misstates the evidence.","paragraph_id":"para_296"},{"text":"Wilson’s pre-termination letter advised Woods that the City was “considering [her]","paragraph_id":"para_297"},{"text":"dismissal” and the purpose of the hearing was to afford her an opportunity to respond","paragraph_id":"para_298"},{"text":"and present her own evidence. Woods responded to the City’s stated reasons for","paragraph_id":"para_299"},{"text":"termination by asserting, in part, unlawful retaliation for reporting illegal activities","paragraph_id":"para_300"},{"text":"at the tow lot. Wilson learned at the hearing that Woods had been in contact with","paragraph_id":"para_301"},{"text":"the media about misconduct at the tow lot.","paragraph_id":"para_302"},{"text":"After the hearing concluded, several days passed with Wilson taking no action","paragraph_id":"para_303"},{"text":"on Woods’s employment status. Wilson terminated Woods the day after the news","paragraph_id":"para_304"},{"text":"article and story were released. The district court found that disclosing illegal","paragraph_id":"para_305"},{"text":"activities occurring at the City tow lot to the media was speech protected by the First","paragraph_id":"para_306"},{"text":"Amendment. After the media coverage, the public became privy to not only","paragraph_id":"para_307"},{"text":"detrimental information about operations at the City tow lot that Woods, and others,","paragraph_id":"para_308"},{"text":"had provided, but that the alleged unlawful activities caused the St. Louis Circuit","paragraph_id":"para_309"},{"text":"Attorney’s Office to open an investigation. Given the sequence of events and the","paragraph_id":"para_310"},{"text":"fact that Wilson terminated Woods’s employment after the news broke, the news","paragraph_id":"para_311"},{"text":"article and story were not “wholly irrelevant,” as it was for the jury to decide whether","paragraph_id":"para_312"},{"text":"Woods’s involvement with the media was a motivating factor in Wilson’s decision","paragraph_id":"para_313"},{"text":"to terminate her. An examination of the information Woods provided to the media","paragraph_id":"para_314"},{"text":"was relevant to a material issue.","paragraph_id":"para_315"},{"text":"Further, the federal rules of evidence do not offer protection against evidence","paragraph_id":"para_316"},{"text":"that is prejudicial in the sense that it is detrimental to a party’s case. Krekelberg,","paragraph_id":"para_317"},{"text":"991 F.3d at 956. Wilson has not convinced us that the evidence was so inflammatory","paragraph_id":"para_318"},{"text":"on its face that it diverted the jury’s attention from the material issues the jury was","paragraph_id":"para_319"},{"text":"-12-","paragraph_id":"para_320"},{"text":"asked to decide. See Equal Emp. Opportunity Comm’n, 142 F.4th at 1133 (defining","paragraph_id":"para_321"},{"text":"the phrase “unfairly prejudicial”). The district court is in a better position than we","paragraph_id":"para_322"},{"text":"to balance the probative value of evidence against its prejudicial effect, id. at 1134,","paragraph_id":"para_323"},{"text":"and, here, we can discern no abuse of discretion.","paragraph_id":"para_324"},{"text":"Wilson has failed to show a clear and prejudicial abuse of discretion in","paragraph_id":"para_325"},{"text":"admitting news coverage that was probative and relevant to Woods’s First","paragraph_id":"para_326"},{"text":"Amendment retaliation claim. Equal Emp. Opportunity Comm’n v. Drivers Mgmt.,","paragraph_id":"para_327"},{"text":"LLC, 142 F.4th 1122, 1133 (8th Cir. 2025) (defining relevant evidence as “that","paragraph_id":"para_328"},{"text":"which tends to make a fact of consequence more or less probable than it would be","paragraph_id":"para_329"},{"text":"without the evidence”).","paragraph_id":"para_330"},{"text":"2. Recording of Pre-Termination Hearing","paragraph_id":"para_331"},{"text":"Wilson also objected at trial to admission of the pre-termination review","paragraph_id":"para_332"},{"text":"hearing recording, asserting: “It’s just 45 minutes of completely irrelevant","paragraph_id":"para_333"},{"text":"information that would be highly prejudicial to the City. It has no probative value.”","paragraph_id":"para_334"},{"text":"In response, Woods argued the recording was probative of Wilson’s knowledge, as","paragraph_id":"para_335"},{"text":"Wilson conducted the hearing and made the final decision to terminate Woods. The","paragraph_id":"para_336"},{"text":"district court agreed with Woods and allowed the recording to be played for the jury.","paragraph_id":"para_337"},{"text":"Wilson’s claim that the entire recording should have been excluded because","paragraph_id":"para_338"},{"text":"he testified that nothing at the hearing changed his mind about firing Woods is","paragraph_id":"para_339"},{"text":"unavailing. As has been noted, Wilson’s knowledge of Woods’s protected speech","paragraph_id":"para_340"},{"text":"in the form of complaints of wrongdoing to her supervisors, other City officials, and","paragraph_id":"para_341"},{"text":"the media was relevant to Woods’s First Amendment retaliation claim. What Wilson","paragraph_id":"para_342"},{"text":"knew at the time he made the decision to terminate Woods was relevant to Woods’s","paragraph_id":"para_343"},{"text":"retaliation claim. See Fed. R. Evid. 401(a).","paragraph_id":"para_344"},{"text":"Wilson’s claim also ignores evidence from which a jury could draw","paragraph_id":"para_345"},{"text":"reasonable inferences and decide to discredit his testimony. While Wilson testified","paragraph_id":"para_346"},{"text":"that he had made up his mind before the pre-termination hearing and nothing","paragraph_id":"para_347"},{"text":"-13-","paragraph_id":"para_348"},{"text":"presented at the hearing changed his mind, days passed before Wilson acted on","paragraph_id":"para_349"},{"text":"Woods’s employment status. Wilson terminated Woods’s employment the day after","paragraph_id":"para_350"},{"text":"Woods’s protected speech was disclosed to the public. Assessing witness credibility","paragraph_id":"para_351"},{"text":"and determining whether Wilson’s proffered reasons for termination were pretextual","paragraph_id":"para_352"},{"text":"was a disputed issue for the jury to decide.","paragraph_id":"para_353"},{"text":"Despite having probative value, Wilson also seeks exclusion of the entire","paragraph_id":"para_354"},{"text":"recording because it contains statements that go beyond Woods’s complaints about","paragraph_id":"para_355"},{"text":"misconduct at the tow lot as well as statements that are cumulative. Wilson never","paragraph_id":"para_356"},{"text":"asked for any portion of the recording to be redacted, resulting in the district court","paragraph_id":"para_357"},{"text":"being confronted with an all-or-nothing approach. Wilson also never asked for a","paragraph_id":"para_358"},{"text":"limiting instruction to be given to the jury. Typically, when a party does not request","paragraph_id":"para_359"},{"text":"specific relief, such as redactions or a limiting instruction at trial, we review the","paragraph_id":"para_360"},{"text":"claim for plain error. See United States v. Larry Reed & Son’s Partnership, 280 F.3d","paragraph_id":"para_361"},{"text":"1212, 1215 (8th Cir. 2002) (“When neither party requests a limiting instruction at","paragraph_id":"para_362"},{"text":"trial, however, we review the trial court’s failure to issue such an instruction for plain","paragraph_id":"para_363"},{"text":"error.”); Harris v. King, No. 96-2452, 1997 WL 792472, at *1 (8th Cir. 1997)","paragraph_id":"para_364"},{"text":"(unpublished) (explaining that when no limiting instruction was requested to explain","paragraph_id":"para_365"},{"text":"the purpose for which the evidence was intended, a district court’s failure to give an","paragraph_id":"para_366"},{"text":"instruction is reviewed for plain error). We will reverse an evidentiary ruling under","paragraph_id":"para_367"},{"text":"plain error review only when “the error was plain, affected the party’s substantial","paragraph_id":"para_368"},{"text":"rights, and seriously affects the fairness, integrity, or public reputation of judicial","paragraph_id":"para_369"},{"text":"proceedings.” Chism v. CNH Am. LLC, 638 F.3d 637, 640 (8th Cir. 2011)","paragraph_id":"para_370"},{"text":"Wilson has not satisfied his burden of showing plain error. Having not asked","paragraph_id":"para_371"},{"text":"for any redactions, Wilson waited until the recording was played in its entirety to the","paragraph_id":"para_372"},{"text":"jury and then asked for a sidebar and moved for a mistrial due to “the amount of","paragraph_id":"para_373"},{"text":"hearsay and prejudicial information that just came in from that recording.” In","paragraph_id":"para_374"},{"text":"denying Wilson’s motion, the district court explained that this was all information","paragraph_id":"para_375"},{"text":"presented to Wilson in response to the notice that the City planned to terminate","paragraph_id":"para_376"},{"text":"Woods’s employment. The court advised Wilson’s counsel that Wilson can explain","paragraph_id":"para_377"},{"text":"if he thinks it’s all false, but it was not now going to hold a “mini-trial” on this","paragraph_id":"para_378"},{"text":"-14-","paragraph_id":"para_379"},{"text":"dispute. The court made an additional comment about the litigation strategy: “And","paragraph_id":"para_380"},{"text":"I’m frankly learning a lot of stuff I didn’t learn even in the summary judgment","paragraph_id":"para_381"},{"text":"motions because some things I had no idea that [Wilson] claims not to know","paragraph_id":"para_382"},{"text":"anything even though he signed both [the pre-termination and termination] letters.”","paragraph_id":"para_383"},{"text":"Wilson forfeited his evidentiary objection when he let the recording play in full and","paragraph_id":"para_384"},{"text":"then claimed such substantial prejudice that only a mistrial could remedy the wrong.","paragraph_id":"para_385"},{"text":"Because the video contained probative evidence on a material factual dispute and","paragraph_id":"para_386"},{"text":"Wilson never asked for a limiting instruction or redactions, Wilson has failed to","paragraph_id":"para_387"},{"text":"show either plain error or a clear abuse of the district court’s discretion.","paragraph_id":"para_388"},{"text":"3. Pre-Termination Review Hearing Materials","paragraph_id":"para_389"},{"text":"Wilson next challenges admission of three exhibits, which were submitted at","paragraph_id":"para_390"},{"text":"the pre-termination review hearing—Exhibit 4 (a letter sent by Woods’s counsel to","paragraph_id":"para_391"},{"text":"Wilson alleging whistleblower retaliation), Exhibit 7 (an email dated November 24,","paragraph_id":"para_392"},{"text":"2020, regarding employees taking items from vehicles on the tow lot), and Exhibit","paragraph_id":"para_393"},{"text":"9 (a written reprimand for Stayton). Wilson contends these materials were","paragraph_id":"para_394"},{"text":"irrelevant, replete with hearsay, highly prejudicial, and confusing or misleading.","paragraph_id":"para_395"},{"text":"Notably, the district court did exclude one of the exhibits Wilson challenges","paragraph_id":"para_396"},{"text":"in this appeal. According to the Clerk’s Trial Exhibit List and the trial transcript,","paragraph_id":"para_397"},{"text":"Exhibit 83 contained the pre-termination review hearing exhibits, which were","paragraph_id":"para_398"},{"text":"divided into subparts. Only subparts 5 through 10 were admitted. Subpart 4 was","paragraph_id":"para_399"},{"text":"not admitted and not seen by the jury. Contrary to Wilson’s claim, Woods was not","paragraph_id":"para_400"},{"text":"permitted to introduce Exhibit 4 and “give the jury a letter from her attorney","paragraph_id":"para_401"},{"text":"repeating the unsupported allegations.”","paragraph_id":"para_402"},{"text":"Exhibit 7 is an email sent by a law enforcement officer to Young dated","paragraph_id":"para_403"},{"text":"November 24, 2020, which stated, in part: “The dispatcher also advised us that the","paragraph_id":"para_404"},{"text":"employees take things from the vehicles on the lot all the time.” Wilson asserts the","paragraph_id":"para_405"},{"text":"email was irrelevant because it did not relate to Wilson’s termination decision or to","paragraph_id":"para_406"},{"text":"Woods’s conduct. Wilson’s assertions are contradicted by the record. In his pre-","paragraph_id":"para_407"},{"text":"-15-","paragraph_id":"para_408"},{"text":"termination review letter, Wilson accused Woods of providing “misinformation” on","paragraph_id":"para_409"},{"text":"November 24, 2020, to a customer and this “misinformation” and “false allegation”","paragraph_id":"para_410"},{"text":"resulted in a police report and investigation. Woods denied engaging in the conduct","paragraph_id":"para_411"},{"text":"alleged by Wilson. At trial, Wilson testified that he terminated Woods “for the","paragraph_id":"para_412"},{"text":"allegations that were in her pre-termination review notice.” Wilson’s argument that","paragraph_id":"para_413"},{"text":"this email contained irrelevant information and did not relate to his decision to","paragraph_id":"para_414"},{"text":"terminate Woods is plainly inconsistent with the evidence presented at trial. The","paragraph_id":"para_415"},{"text":"district court did not abuse its discretion when it admitted the email outlining","paragraph_id":"para_416"},{"text":"conduct that purportedly formed a reason for Woods’s termination.","paragraph_id":"para_417"},{"text":"Lastly, as described by Wilson, Exhibit 9 is an “undated, unsigned ‘written","paragraph_id":"para_418"},{"text":"reprimand’ (that does not appear on City letterhead) purportedly for Shonnell","paragraph_id":"para_419"},{"text":"Stayton regarding her attitude.” At trial, Wilson objected to admission of the","paragraph_id":"para_420"},{"text":"document, arguing: “This is not a Department of Personnel document. We don’t","paragraph_id":"para_421"},{"text":"know who typed it, where it came from.” The district court overruled Wilson’s","paragraph_id":"para_422"},{"text":"objection, stating: “But we know it was before the decision-maker when he was","paragraph_id":"para_423"},{"text":"conducting the pre-termination hearing.” While questioning Wilson on redirect,","paragraph_id":"para_424"},{"text":"Wilson’s counsel suggested that the letter was “consistent with Ms. Woods’","paragraph_id":"para_425"},{"text":"complaints” and appears “that she might have written [it].” Woods responded to","paragraph_id":"para_426"},{"text":"these suggestions by recalling James Mundy to the stand. Mundy explained to the","paragraph_id":"para_427"},{"text":"jury that when he was the Commissioner overseeing the tow lot, he issued this","paragraph_id":"para_428"},{"text":"reprimand to Stayton due to her attitude. Mundy told the jury that Stayton was “very","paragraph_id":"para_429"},{"text":"unprofessional,” he observed Stayton “constantly yelling at people,” and Stayton","paragraph_id":"para_430"},{"text":"even yelled at him. Mundy testified that he typed the document marked as Exhibit","paragraph_id":"para_431"},{"text":"9, he put the letter in Stayton’s employee file, he gave Stayton a copy of the letter,","paragraph_id":"para_432"},{"text":"and he emailed the letter to Flake and Wilson.","paragraph_id":"para_433"},{"text":"Unrefuted trial testimony established Exhibit 9—while not on City letterhead","paragraph_id":"para_434"},{"text":"or signed by the author—was a letter of reprimand issued to Stayton by Mundy when","paragraph_id":"para_435"},{"text":"he was the Commissioner of Streets. The letter was properly authenticated and was","paragraph_id":"para_436"},{"text":"relevant to show Stayton, a co-worker of Woods who was part of the “buddy","paragraph_id":"para_437"},{"text":"system,” was treated more favorably following the New Year’s Eve verbal","paragraph_id":"para_438"},{"text":"-16-","paragraph_id":"para_439"},{"text":"altercation than Woods, despite Stayton’s disciplinary history and workplace","paragraph_id":"para_440"},{"text":"misconduct. The district court characterized Wilson’s decision to suggest Woods","paragraph_id":"para_441"},{"text":"fabricated the letter of reprimand as an “attempted ‘gotcha’ moment gone awry.”","paragraph_id":"para_442"},{"text":"Wilson cannot now complain about the prejudicial impact of the letter that was","paragraph_id":"para_443"},{"text":"created by his own questioning.","paragraph_id":"para_444"},{"text":"4. Testimony of Former Tow Lot Employees","paragraph_id":"para_445"},{"text":"In his final evidentiary challenge, Wilson takes issue with the admission of","paragraph_id":"para_446"},{"text":"testimony from two former tow lot employees, Mundy and Cooley. Wilson claims","paragraph_id":"para_447"},{"text":"these witnesses were not similarly situated to qualify as “me too” witnesses. He also","paragraph_id":"para_448"},{"text":"claims Stayton was not an adequate comparator. Both of his arguments are","paragraph_id":"para_449"},{"text":"unavailing.","paragraph_id":"para_450"},{"text":"Woods attempted to show the City engaged in a pattern of retaliation when an","paragraph_id":"para_451"},{"text":"employee reported the same illegal activities at the tow lot as she did. Mundy","paragraph_id":"para_452"},{"text":"testified that after he pointed out improprieties in how the tow lot was being run—","paragraph_id":"para_453"},{"text":"including missing or unaccounted for vehicles—Wilson terminated him. Similarly,","paragraph_id":"para_454"},{"text":"Cooley testified about witnessing co-workers falsifying documents and engaging in","paragraph_id":"para_455"},{"text":"the illegal sale and transfer of vehicles. Cooley joined Woods when she reported the","paragraph_id":"para_456"},{"text":"illegal activities to the comptroller’s office. His testimony corroborated Woods’s","paragraph_id":"para_457"},{"text":"reports of illegal activities to City officials. After reporting the illegal activities,","paragraph_id":"para_458"},{"text":"Cooley was transferred out of the tow lot and to the City’s refuse division.","paragraph_id":"para_459"},{"text":"Wilson offered explanations to the jury as to why Mundy was terminated and","paragraph_id":"para_460"},{"text":"Cooley was transferred. Wilson told the jury that the City decided not to extend","paragraph_id":"para_461"},{"text":"Mundy’s employment beyond the probationary period due to poor job performance.","paragraph_id":"para_462"},{"text":"As to Cooley, Wilson testified that the transfer was because Cooley could not get","paragraph_id":"para_463"},{"text":"along with Young, who was his supervisor. Wilson has presented no persuasive","paragraph_id":"para_464"},{"text":"basis for excluding the evidence. The jury was free to accept or reject Wilson’s","paragraph_id":"para_465"},{"text":"explanations. To justify exclusion of the evidence and award a new trial, Wilson","paragraph_id":"para_466"},{"text":"asks us to credit and accept his evidence and reject Woods’s evidence and any","paragraph_id":"para_467"},{"text":"-17-","paragraph_id":"para_468"},{"text":"inferences that may be drawn in her favor. Wilson’s arguments are based on an","paragraph_id":"para_469"},{"text":"incorrect standard. He has not met his burden of showing the district court abused","paragraph_id":"para_470"},{"text":"its discretion when it allowed Mundy’s and Cooley’s testimony.","paragraph_id":"para_471"},{"text":"Wilson also contends evidence as to how Stayton was treated after the verbal","paragraph_id":"para_472"},{"text":"altercation should have been excluded because Stayton was not “similarly situated”","paragraph_id":"para_473"},{"text":"or a permissible comparator. Woods did not bring an employment discrimination","paragraph_id":"para_474"},{"text":"claim based on disparate treatment, which requires courts to examine closely","paragraph_id":"para_475"},{"text":"comparators. Rather, Woods asserted a First Amendment retaliation claim. How","paragraph_id":"para_476"},{"text":"Stayton was treated in response to the verbal altercation, which was purportedly the","paragraph_id":"para_477"},{"text":"impetus for Woods’s termination, is relevant to her claim that Wilson’s proffered","paragraph_id":"para_478"},{"text":"reason for termination was pretextual.","paragraph_id":"para_479"},{"text":"Once again, to support his claim for exclusion, Wilson asks us to view the","paragraph_id":"para_480"},{"text":"evidence in his favor and conclude the conduct by the two employees during the","paragraph_id":"para_481"},{"text":"verbal altercation was “materially different.” It is the jury’s function to consider","paragraph_id":"para_482"},{"text":"competing evidence and competing views of the evidence. Wilson played the video","paragraph_id":"para_483"},{"text":"of the altercation several times for the jury. He argued to the jury that the evidence","paragraph_id":"para_484"},{"text":"demonstrated that Woods was terminated because of her own misconduct. The jury","paragraph_id":"para_485"},{"text":"sided with Woods. The district court did not abuse its discretion in admitting","paragraph_id":"para_486"},{"text":"evidence that goes to the material issue of whether Wilson’s stated reasons for","paragraph_id":"para_487"},{"text":"terminating Woods were pretextual.","paragraph_id":"para_488"},{"text":"In conclusion, Wilson has not shown any of the district court’s evidentiary","paragraph_id":"para_489"},{"text":"rulings were erroneous, let alone a clear and prejudicial abuse of discretion. This","paragraph_id":"para_490"},{"text":"Court is not permitted to change a jury’s verdict, exclude evidence, or grant a new","paragraph_id":"para_491"},{"text":"trial simply because the losing party has a different view of the evidence. We can","paragraph_id":"para_492"},{"text":"find no abuse of the district court’s discretion when it denied Wilson’s motion for a","paragraph_id":"para_493"},{"text":"new trial.","paragraph_id":"para_494"},{"text":"-18-","paragraph_id":"para_495"},{"text":"D. Punitive Damages","paragraph_id":"para_496"},{"text":"Wilson also asks us to strike the punitive damages award. He argues there","paragraph_id":"para_497"},{"text":"was no evidence that Wilson addressed Woods’s misconduct other than","paragraph_id":"para_498"},{"text":"appropriately so his decision cannot have been malicious or reckless. When a","paragraph_id":"para_499"},{"text":"defendant asserts insufficient evidence was presented to submit the issue of punitive","paragraph_id":"para_500"},{"text":"damages to the jury, we review de novo whether there was sufficient evidence and","paragraph_id":"para_501"},{"text":"view the evidence in the light most favorable to the verdict. Mayfield v. Mo. House","paragraph_id":"para_502"},{"text":"of Representatives, 122 F.4th 1046, 1057 (8th Cir. 2024) (citation omitted).","paragraph_id":"para_503"},{"text":"A jury is permitted to consider awarding punitive damages when there is","paragraph_id":"para_504"},{"text":"sufficient evidence to show a defendant’s conduct was motivated by evil motive or","paragraph_id":"para_505"},{"text":"intent, or when it involves reckless or callous indifference to the federally protected","paragraph_id":"para_506"},{"text":"rights of others. Naucke v. City of Park Hills, 284 F.3d 923, 929 (8th Cir. 2002).","paragraph_id":"para_507"},{"text":"The focus when considering punitive damages is on whether the offensive conduct","paragraph_id":"para_508"},{"text":"calls for deterrence and punishment beyond a compensatory award. Id. This Court","paragraph_id":"para_509"},{"text":"has upheld punitive damages awards for retaliatory action taken in response to","paragraph_id":"para_510"},{"text":"speech protected by the First Amendment. See, e.g., id. (affirming $100,000 and","paragraph_id":"para_511"},{"text":"$30,000 punitive damages awards); Mayfield, 122 F.4th at 1058 (affirming jury’s","paragraph_id":"para_512"},{"text":"award of $15,000 in punitive damages).","paragraph_id":"para_513"},{"text":"The record shows Woods requested to meet with Wilson about her concerns","paragraph_id":"para_514"},{"text":"regarding unlawful activities at the tow lot. While Wilson refused to meet with","paragraph_id":"para_515"},{"text":"Woods, Wilson was communicating with fellow “buddy system” members about","paragraph_id":"para_516"},{"text":"Woods’s allegations. Without ever meeting with Woods, Wilson signed a pre-","paragraph_id":"para_517"},{"text":"termination review hearing letter setting forth three incidents of alleged misconduct.","paragraph_id":"para_518"},{"text":"As to two of the incidents, Wilson apparently did not verify whether Woods actually","paragraph_id":"para_519"},{"text":"spoke to a customer about missing property, nor considered whether employees were","paragraph_id":"para_520"},{"text":"routinely recording office conversations.","paragraph_id":"para_521"},{"text":"As to the verbal altercation, Wilson played a recording of the incident multiple","paragraph_id":"para_522"},{"text":"times for the jury. A reasonable jury could find the co-workers engaged in similar","paragraph_id":"para_523"},{"text":"-19-","paragraph_id":"para_524"},{"text":"conduct. Woods’s co-worker, however, had a documented disciplinary history of","paragraph_id":"para_525"},{"text":"engaging in this type of unprofessional behavior. Yet only Woods was considered","paragraph_id":"para_526"},{"text":"for termination. And Wilson elected to personally handle Woods’s pre-termination","paragraph_id":"para_527"},{"text":"hearing—the only one he conducted during his tenure as director, while asking","paragraph_id":"para_528"},{"text":"Flake, part of the “buddy system” to handle discipline for Woods’s co-worker.","paragraph_id":"para_529"},{"text":"While Wilson testified that nothing presented at the pre-termination hearing","paragraph_id":"para_530"},{"text":"changed his mind, days passed without Wilson acting on Woods’s employment","paragraph_id":"para_531"},{"text":"status. It was not until the day after the local news publicized details about the","paragraph_id":"para_532"},{"text":"employees’ unlawful activities (many of which Woods provided) that Wilson fired","paragraph_id":"para_533"},{"text":"Woods. Viewing these facts in the light most favorable to the verdict and drawing","paragraph_id":"para_534"},{"text":"all reasonable inferences in favor of Woods, there was sufficient evidence to create","paragraph_id":"para_535"},{"text":"a jury question as to whether Wilson acted with, at a minimum, “reckless","paragraph_id":"para_536"},{"text":"indifference” to the fact that his conduct could violate federal law.","paragraph_id":"para_537"},{"text":"The jury was instructed that it could find Wilson acted with reckless","paragraph_id":"para_538"},{"text":"indifference if he knew Woods’s termination “was in violation of the law prohibiting","paragraph_id":"para_539"},{"text":"retaliation or acted with reckless disregard of that law.” This Court has further","paragraph_id":"para_540"},{"text":"explained that an employer acts with “reckless indifference” for purposes of","paragraph_id":"para_541"},{"text":"considering a punitive damages award when “it responded to serious employee","paragraph_id":"para_542"},{"text":"allegations in a half-hearted manner, conducted an inadequate investigation, and","paragraph_id":"para_543"},{"text":"threatened an employee with possible termination.” Beran, 144 F.4th at 1014","paragraph_id":"para_544"},{"text":"(cleaned up).","paragraph_id":"para_545"},{"text":"Woods tried but was unsuccessful in convincing Wilson to meet with her to","paragraph_id":"para_546"},{"text":"discuss the unlawful activities employees were engaging in at the tow lot. When","paragraph_id":"para_547"},{"text":"Woods felt the response from City officials was inadequate, she went to the media","paragraph_id":"para_548"},{"text":"and engaged in protected speech. Wilson terminated Woods’s employment after","paragraph_id":"para_549"},{"text":"learning the details and information that she provided to the media about the","paragraph_id":"para_550"},{"text":"unlawful activities occurring at the tow lot. Viewed in favor of the verdict, there is","paragraph_id":"para_551"},{"text":"sufficient evidence showing reckless indifference as to the investigation (or lack","paragraph_id":"para_552"},{"text":"thereof) that Wilson conducted regarding unlawful employee conduct at the tow lot","paragraph_id":"para_553"},{"text":"-20-","paragraph_id":"para_554"},{"text":"as well as his investigation (or lack thereof) into Woods’s purported instances of","paragraph_id":"para_555"},{"text":"misconduct that he identified as the reasons for his decision to terminate Woods.","paragraph_id":"para_556"},{"text":"This evidence could have led a reasonable jury to conclude Wilson was motivated","paragraph_id":"para_557"},{"text":"by evil motive or intent when he terminated Woods’s employment. The evidence","paragraph_id":"para_558"},{"text":"also could have led a reasonable jury to conclude that Wilson acted with reckless","paragraph_id":"para_559"},{"text":"indifference when he terminated Woods’s employment in reckless disregard of the","paragraph_id":"para_560"},{"text":"law prohibiting retaliation. Wilson has not presented a permissible basis for setting","paragraph_id":"para_561"},{"text":"aside the jury’s punitive damages award.","paragraph_id":"para_562"},{"text":"III. 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