Thomas v. Texas Department of Criminal Justice

DENNIS, Circuit Judge,

specially concurring.

I disagree with the majority opinion insofar as it reviews the excessiveness of Ms. Thomas’s award by comparison to amounts awarded in prior cases. This practice is highly suspect and contrary to controlling law in this circuit. Although judgments in comparable cases may provide some frame of reference when reviewing awards for excessiveness, they do not control our assessment of an individual case. The proper focus of our inquiry is whether, based on the facts in the record, the award is entirely disproportionate to the injury sustained, not whether…