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MOORE v. FREEMAN

Nos. 01-6372, 01-6536.

355 F.3d 558 (2004)

Charles W. MOORE, Plaintiff-Appellee (01-6372); Plaintiff-Appellant (01-6536), v. Moses FREEMAN, in his individual and official capacities, and The City of Chattanooga, Defendants-Appellants (01-6372); Defendants-Appellees (01-6536).

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 13, 2004.

Attorney(s) appearing for the Case

Michael A. McMahan (argued and briefed), Kenneth O. Fritz (briefed), Nelson, McMahan & Noblett, Chattanooga, TN, for Defendants.

Reuben N. Pelot IV (argued and briefed), Ronald T. Hill (briefed), Egerton, McAfee, Armistead & Davis, Knoxville, TN, for Plaintiff.

Before KEITH, DAUGHTREY, and GILMAN, Circuit Judges.

OPINION

DAUGHTREY, Circuit Judge.

The defendants, Moses Freeman and the City of Chattanooga, appeal from a jury verdict awarding the plaintiff, Charles Moore, back pay and damages for emotional and mental distress, based on his claim of retaliation under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (FLSA). The defendants claim (1) that there was insufficient evidence to support the jury's finding that they retaliated against Moore, (2) that...

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