Judge prepares to comply with appeals court ruling in Ellerbrook - KCBD NewsChannel 11 Lubbock

Judge prepares to comply with appeals court ruling in Ellerbrook case

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LUBBOCK, TX (KCBD) -

Back in October 2010, Martha Ellerbrook won a job discrimination case against the City of Lubbock and was awarded $243,000. Now, the judge who originally tried to overturn the jury verdict is making plans to comply with it

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.

In March of this year, the Fifth Circuit overturned Cummings' decision, saying , "The district court abused its discretion in determining that the jury's verdict was against the great weight of the evidence."

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

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.

On Tuesday, Cummings ordered both parties to offer up anything they want him to consider before he complies with the appeals court ruling.

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 later hired for a different job by the City. The original lawsuit said Ellerbrook was not hired because she was helping her husband sue the City on a completely unrelated matter.

In August 2011 she retired from full-time status as Director of Animals Services and now works for Lubbock under-part time status.

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