Ellerbrook vs Lubbock not over, notice of appeal - KCBD NewsChannel 11 Lubbock

Ellerbrook vs Lubbock not over, notice of appeal

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By James Clark - email

LUBBOCK, TX (KCBD) - Lubbock's Director of Animal Control Services gave notice Wednesday of her intent to appeal.  Martha Ellerbrook sued the City of Lubbock, claiming that she was passed over for a job in late 2006 as retaliation for helping her husband sue the city in 2005.   After she filed a lawsuit versus the city she was hired for a different position, which is her current job.

In October of last year, a jury awarded Ellerbrook $243,000, but then in December U.S. District Judge Sam Cummings overturned the jury's verdict.

Wednesday's notice in Lubbock federal court says, "Notice is hereby given that Martha Ellerbrook,  Plaintiff in the above-captioned case, hereby appeals to the United States Court of Appeals for the Fifth Circuit."  It describes Cumming's December ruling as a "take nothing judgment."

A check of the 5th Circuit Court of Appeal's electronic records on Wednesday evening showed the appeal brief had not yet been filed. 

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