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Omotosho v. Giant Eagle, Inc.

United States District Court for the Northern District of Ohio
997 F. Supp. 2d 792 (2014)


Ernest Omotosho (plaintiff), who was African American, filed suit in federal district court against regional supermarket chain Giant Eagle, Inc. (Giant Eagle) (defendant) for wrongful termination based on his race. During voir dire, Omotosho moved to stop the proceedings because no African Americans were included in the venire. The district court denied the motion, but subsequently allowed Omotosho’s counsel to question the court clerk regarding how the prospective pool of jurors was determined. After an all-Caucasian jury was empaneled to hear the matter, Omotosho moved for a mistrial. The district court denied the motion. After a three-day trial, the jury held for Giant Eagle. Omotosho timely filed a motion for a new trial pursuant to Federal Rule of Civil Procedure (FRCP) 59, arguing that he had been denied his right under the Jury Selection and Service Act of 1968 (JSSA), 28 U.S.C. § 1861 et seq., to a jury selected from a fair cross-section of the community.

Rule of Law


Holding and Reasoning (Pearson, J.)

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