Powers v. Palacios

We consider whether a private litigant in a civil case may use a peremptory challenge to exclude a juror on account of race. Based on Edmonson v. Leesville Concrete Co., Inc., — U.S. —, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991), we hold that such an exclusion violates the equal protection rights of the challenged juror. We reverse and remand for a new trial.

Brenda Powers brought suit against Paul Palacios for injuries she suffered in a pit bull attack. At voir dire, after counsel for Palacios exercised his peremptory challenges, Powers sought to pose questions to opposing counsel to establish a…