Page:Taylor-Travis v. Jackson State University (17-60856) (2021) Opinion.pdf/10

 manner. The question for this court is whether the district court “stray[ed] from neutrality” in its interactions with witnesses.

Jackson State contends that the district court did not act with neutrality when interacting with two witnesses. First, the court questioned Marchetta Parker, a member of Taylor’s team, who accused Taylor of sexual harassment. The court questioned Parker about what Taylor did, if anything, that Parker believed amounted to sexual harassment. Jackson State claimed that it had cause to fire Taylor because she sexually harassed her players. Asking a player to clarify how she was harassed when the question of harassment was before the jury does not constitute plain error.

Second, Jackson State argues that the district court questioned Shaneese McLin, another member of Taylor’s team, in a manner that suggested that McLin had discussed her testimony with other witnesses. The court asked her about instances, brought up on cross-examination, when McLin dined and visited with other team members during trial. A judge is permitted to clarify facts previously presented by a witness. The court’s questioning does not amount to plain error. Moreover, if the court’s questioning created any more prejudice than McLin’s cross-examination, it was slight. Therefore, even if the court erred in its questioning, that error did not affect Jackson State’s substantial rights.

Further, the district court instructed the jury that “you may not rely upon any impressions that you have as to the court’s view of the facts in this case.” The court specifically admonished the jury not to draw any conclusions from its questioning of any witnesses, stating that “you, the jury, would not