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Hidalgo v. Fagen

United States Court of Appeals for the Tenth Circuit
206 F.3d 1013 (2000)


Sabino Hidalgo (plaintiff), who was of Hispanic descent, sued Fagen, Inc. (Fagen) (defendant), for negligence. During voir dire, Fagen peremptorily struck Mrs. Martinez, a prospective juror of Hispanic descent. Hidalgo did not object. Fagen then peremptorily struck Mrs. Gonzales, a young woman who was the only remaining prospective juror of Hispanic descent. Hidalgo objected. Citing Batson v. Kentucky, 476 U.S. 79 (1986), Hidalgo argued that Fagen struck Gonzales because of her Hispanic background. Fagen responded that it struck Gonzales because of her youth and gender, not her ethnicity. The federal district judge overruled Hidalgo's objection, sustained Fagen's peremptory strikes, and partially granted Fagen's motion for summary judgment. Hidalgo appealed to the United States Court of Appeals for the Tenth Circuit. Hidalgo contended that the federal district judge should have required Fagen to justify excluding all Hispanics from the jury, independently challenged Fagen's removal of Martinez, and independently challenged the role gender played in Fagen's removal of Gonzales.

Rule of Law


Holding and Reasoning (Kelly, J.)

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