Clyde Anthony v. Georgia Department of Public Safety, No. 21-13561 (11th Cir. 2023)
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Plaintiff appealed the district court’s grant of summary judgment to his former employer, the Georgia Department of Public Safety (“Department”). Plaintiff argued that the district court erred in concluding that he failed to make out a prima facie case of Title VII race discrimination regarding (1) the Department’s investigation of an incident stemming from his alleged intoxication at work and (2) the Department’s failure to promote him to corporal while he was on administrative leave. Plaintiff also raised a separate evidentiary argument, alleging that the district court erred in refusing to admit a document he alleges is from the Equal Employment Opportunity Commission (“EEOC”).
The Eleventh Circuit affirmed the grant of summary judgment on the investigation claim for different reasons than those relied upon by the district court. Further, the court concluded the district court did not abuse its discretion in refusing to admit the document allegedly from the EEOC. The court wrote that Plaintiff has forfeited any arguments as to the district court’s findings that the purported EEOC document was inadmissible because it contained ultimate legal conclusions and an unsupported expert opinion because he did not challenge either of these grounds in his opening brief. Further, no extraordinary circumstances apply to warrant consideration because a refusal to consider the issue would not result in a miscarriage of justice, the issue is not one of substantial justice, the proper resolution is not beyond any doubt, and the issue does not present significant questions of general impact or of great public concern.
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