MacArthur v. University of Texas Health Center at Tyler

Cassandra MacArthur (plaintiff) sued the University of Texas Health Center at Tyler and coworkers Painter and Wilson (defendants) on several claims, but at trial presented evidence only on First Amendment retaliation, sex discrimination, and intentional infliction of emotional distress, never arguing her Title VII claim and failing to object when the judge omitted a Title VII jury instruction (though she did object, unsuccessfully, to the omission of an Equal Protection instruction). The jury awarded MacArthur $65,000 against Painter only on the emotional distress claim and dismissed all other claims; on appeal, MacArthur's brief challenged only the Title VII dismissal despite having actually preserved (through trial evidence) her First Amendment and sex discrimination claims, and Painter cross-appealed the verdict against him.