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PEREZ v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 03-50985.

395 F.3d 206 (2004)

Javier PEREZ, Plaintiff-Appellee, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Defendant-Appellant

United States Court of Appeals, Fifth Circuit.

December 21, 2004.

Attorney(s) appearing for the Case

John Wallace Griffin, Jr., Houston, Marek & Griffin, Bobby Dewayne Brown, Law Office of Bobby D. Brown, Victoria, TX, for Plaintiff-Appellee.

Adrian L. Young, Asst. Atty. Gen., Austin, TX, for Defendant-Appellant.

Before SMITH and GARZA, Circuit Judges, and VANCE, District Judge.

EMILIO M. GARZA, Circuit Judge:

A jury returned a verdict in favor of Javier Perez in his employment discrimination action against his former employer, the Texas Department of Criminal Justice ("TDCJ"). Claiming that the district court erroneously excluded evidence, misinstructed the jury and improperly denied its motion for judgment as a matter of law, TDCJ appeals.

Perez was a lieutenant at the TDCJ's Connally Unit. In August, 1996 Perez was

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