Ellerbrook again wins $243,000 judgment against City of Lubbock - KCBD NewsChannel 11 Lubbock

Ellerbrook again wins $243,000 judgment against City of Lubbock

Ellerbrook sued the city and in October of 2010 won a $243,000 jury verdict. (KCBD file photo) Ellerbrook sued the city and in October of 2010 won a $243,000 jury verdict. (KCBD file photo)
LUBBOCK, TX (KCBD) -

A federal appeals court sides in favor of Martha Ellerbrook in her legal battle against the City of Lubbock. Ellerbrook sued the city and in October of 2010 won a $243,000 jury verdict on claims that was she was passed over for a job as retaliation for her husband's previous lawsuit against the city. U.S. District Court Judge Sam Cummings struck down the jury verdict and Ellerbrook appealed to the Fifth Circuit Court of Appeals in New Orleans. 

The Fifth Circuit found error after error in Cummings' decision saying in part, "The district court abused its discretion in determining that the jury's verdict was against the great weight of the evidence." 

The Fifth Circuit also said in a ruling released Wednesday that "Martha [Ellerbrook] presented substantial circumstantial evidence from which a reasonable jury could have concluded that the City unlawfully retaliated against Martha."

In a one-sided ruling, Ellerbrook won on all counts of the appeal and the city lost on all counts.  The appeals court ordered Judge Cummings to "enter judgment for Martha [Ellerbrook]." It also ordered that City pay for Ellberook's attorney fees and the cost of the appeal.

Ellerbrook worked for the city from 1989 until 2003 when she was let go amid budget cuts. She was passed over for a job 2007, which is the basis for the lawsuit. She was hired as the Director of Animal Services in March 2010. In August 2011 she retired from full-time status as Director of Animals Services and now works that same job under-part time status.

Copyright 2012 KCBD. All rights reserved.

  • Local News on KCBD.comNewsMore>>

  • US anti-IS office gets reprieve as Syria pullout accelerates

    US anti-IS office gets reprieve as Syria pullout accelerates

    Sunday, May 20 2018 11:21 AM EDT2018-05-20 15:21:26 GMT
    Sunday, May 20 2018 5:43 PM EDT2018-05-20 21:43:40 GMT
    (AP Photo/Hadi Mizban, File). FILE - In this June 7, 2017, file photo, Brett McGurk, the U.S. envoy for the global coalition against IS, speaks during a news conference at the U.S. Embassy Baghdad, Iraq. The Trump administration will keep open the Stat...(AP Photo/Hadi Mizban, File). FILE - In this June 7, 2017, file photo, Brett McGurk, the U.S. envoy for the global coalition against IS, speaks during a news conference at the U.S. Embassy Baghdad, Iraq. The Trump administration will keep open the Stat...

    The State Department unit overseeing the fight against the Islamic State group will stay in business for at least six month more months.

    The State Department unit overseeing the fight against the Islamic State group will stay in business for at least six month more months.

  • Trump to demand DOJ review claims of FBI spy on campaign

    Trump to demand DOJ review claims of FBI spy on campaign

    Sunday, May 20 2018 2:11 PM EDT2018-05-20 18:11:29 GMT
    Sunday, May 20 2018 5:43 PM EDT2018-05-20 21:43:34 GMT
    Trump referred to some who cross the border illegally as "animals," not people. (Source: AP Photo/Evan Vucci)Trump referred to some who cross the border illegally as "animals," not people. (Source: AP Photo/Evan Vucci)

    President Donald Trump says he'll demand that the Justice Department review whether the department or the FBI infiltrated his presidential campaign for political purposes, and whether any demands or requests came...

    President Donald Trump says he'll demand that the Justice Department review whether the department or the FBI infiltrated his presidential campaign for political purposes, and whether any demands or requests came from the Obama administration.

  • Texas mourners endure grief that 'none of us can comprehend'

    Texas mourners endure grief that 'none of us can comprehend'

    Saturday, May 19 2018 11:51 PM EDT2018-05-20 03:51:30 GMT
    Sunday, May 20 2018 5:43 PM EDT2018-05-20 21:43:29 GMT
    (Jennifer Reynolds/The Galveston County Daily News via AP). April Salinas, second from right, her daughters Meah, 13, and Macee, 6, and Jeramiah Kelley read notes left at memorial behind Texas First Bank, Saturday, May 19, 2018 in Santa Fe, Texas. A gu...(Jennifer Reynolds/The Galveston County Daily News via AP). April Salinas, second from right, her daughters Meah, 13, and Macee, 6, and Jeramiah Kelley read notes left at memorial behind Texas First Bank, Saturday, May 19, 2018 in Santa Fe, Texas. A gu...

    The mother of one slain student said her daughter may have been targeted because she rejected advances from the suspect, who was an ex-boyfriend of her daughter's best friend.

    The mother of one slain student said her daughter may have been targeted because she rejected advances from the suspect, who was an ex-boyfriend of her daughter's best friend.

Powered by Frankly