Robert L. Lee, Appellee/cross-Appellant v. Rapid City Area School District No. 51-4, Appellant/cross-Appellee

I respectfully dissent from the court’s decision for three reasons. First, I would grant the School District a new trial because evidence of oral complaints was improperly excluded. Second, I would hold that the evidence was insufficient to support an award of liquidated damages as a matter of law. Third, if liquidated damages are awarded, I would uphold the district court’s discretion to limit those damages to $10,000.

A. Exclusion of Complaint Testimony.

The School District alleged that Lee’s contract was not renewed because of his poor performance as a teacher. Principal Wes Storm and…