On cross-appeal, on remand, is a plaintiff entitled to a jury trial on issues of liability under the Seventh Amendment?

MultiRegion, United States of America

The following excerpt is from Payan v. L. A. Cmty. Coll. Dist., 19-56111, 19-56146 (9th Cir. 2021):

8. Plaintiffs contend on cross-appeal that the district court erred by denying plaintiffs a jury trial on issues of liability. We agree. We review this issue de novo. Smith v. Barton, 914 F.2d 1330, 1336 (9th Cir. 1990) (citation omitted). The district court denied Plaintiffs' request for a jury trial on all but the "deliberate indifference" and damages components of their claims. This was error. Because the individual plaintiffs sought money damages on their disability discrimination claims, they were entitled to a jury trial on these claims under the Seventh Amendment. Id. at 1337-38. On remand, the district court is instructed to permit Plaintiffs to try their disability discrimination claims to a jury.

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