Clyde O. Carter, Jr. Lawrence Hopkins, Stephen Jeffery, Appellant/cross-Appellee v. The Kansas City Southern Railway Company, Appellee/cross-Appellant

MELLOY, Circuit Judge.

Stephen Jeffery appeals the judgment of the district court 2 setting aside punitive damages that had been awarded after a trial by jury. Kansas City Southern Railway Company (“Southern”), in a cross-appeal, argues that the district court erred by not precluding Jeffery’s claims under the doctrine of res judicata and by submitting Jeffery’s claims of race discrimination to the jury. We affirm.

I

This appeal arises from a racial discrimination complaint filed by Jeffery against Southern under Title VII of the Civil Rights Act. The jury found for Jeffery and awarded $128,000…