Garcia v. The City of Houston

CARL E. STEWART, Circuit Judge:

This is a consolidated appeal of a final judgment in a Title VII employment race discrimination action against the City of Houston (“City”)for its promotion process in selecting SWAT team members for the Houston Police Department (“HPD”). Plaintiff, David Garcia (“Garcia”) appeals the jury verdict which found that the City had considered race in its transfer process, but that even without the use of this factor Garcia would not have received the promotion. The City appeals the district court’s award of attorneys’ fees to Garcia. For the following reasons we…