CARZELL MOORE, PETITIONER-APPELLANT,
v.
WALTER D. ZANT, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER, RESPONDENT-APPELLEE

11th Cir. | 1984-07-23
No. 82-8683
Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.
738 F.2d 1126 Court of Appeals for the Eleventh Circuit (1984) Negative Treatment
Cited by 48 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

The court en banc holds this case in abeyance for a period of 60 days in order that petitioner may present to the courts of the State of Georgia claims he may have arising out of Stynchcombe v. Floyd, 252 Ga. 113, 311 S.E. 2d 828 (1984).

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  • Fla. Dep't OF Cmty. Affairs v. Bryant, 586 So. 2d 1205 (Fla. 1st DCA 1991)
    …1983). Consequently, a hearing officer’s finding of no discrimination should only be set aside if that finding is clearly erroneous, or is based on clearly erroneous findings of fact or a mistaken view of the law. Carmichael v. Birmingham Saw Works, 738 F. 2d 1126, 1129 (11th Cir.1984). The Supreme Court set forth the following burden of proof that must be met by a Title VII plaintiff in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973): The complainant must carry the initi…
  • Brasington v. EMC Corp., 855 So. 2d 1212 (Fla. 1st DCA 2003)
    …pacity, a court could still grant injunctive relief that would affect all similarly situated persons. Systemic injunctive relief may be appropriate in a nonclass case if a pattern of discrimination is proven. See Carmichael v. Birmingham Saw Works, 738 F. 2d 1126 (11th Cir.1984); Cox v. American Cast Iron Pipe Co., 784 F. 2d 1546 (11th Cir.1986), cert. denied, 479 U.S. 883, 107 S.Ct. 274, 93 L.Ed.2d 250 (1986). For example, a court could order an employer to refrain from gender discrimination in a Title VII…
  • Dep't OF Corr. v. Chandler, 582 So. 2d 1183 (Fla. 1st DCA 1991)
    …ried pursuant to the Burdine procedure is that a reviewing court must proceed directly to the ultimate question in the case and decide “ ‘whether the defendant intentionally discriminated against the plaintiff.’ ” Carmichael v. Birmingham Saw Works, 738 F. 2d 1126, 1129 (11th Cir.1984) (quoting United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711, 714-15, 103 S.Ct. 1478, 1481-82, 75 L.Ed.2d 403, 409-10 (1983)). See also Pullman-Standard v. Swint, 456 U.S. 273, 287, 102 S.Ct. 1781, [*1188] 178…

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