Melissa Howard convinced a jury that elected officials can be held liable for being sensitive to racial politics. An appeals court says she is entitled to nothing.
In 2008, a Platte County jury awarded Howard $2.1 million after hearing evidence that the Kansas City Council took race into account when it rejected Howard and two other white women for a position as a municipal court judge. The council asked for a more diverse slate candidates, which took Howard, an experienced prosecutor, out of the running.
Howard spoke to The Pitch about her case in 2008. She described her treatment as "egregious."
In her suit, Howard claimed that the council's actions broke the law. The city argued that the Missouri Human Rights Act did not apply to the appointment of judges, who stand for election once they're put in place.
A court of appeals sided with the city. In a ruling released yesterday, the court of appeals said the trial court should have issued a direct verdict before the case went to the jury.
The council, ironically enough, ultimately picked a white woman, Katherine Emke, to fill the position that Howard had pursued. The council chose Emke over Ardie Bland, an African-American man whose name was included in the revised list of choices. Bland was tapped to fill a separate vacancy at Municipal Court a few months after Emke took her seat.
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