In Re: Employment Discrimination Litigation Against the State of Alabama’s Empirical Analysis

Citation profile

2 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “parties have submitted evidence and briefs to the court, and, although given the opportunity, they all declined an evidentiary hearing and oral argument. [1] For the reasons set forth below, the court denies defendants' motion to disqualify. I. FACTUAL BACKGROUND As recently summarized by the Eleventh Circuit Court of Appeals, this case, which is commonly referred to as Crum, results from the following: "On March 24, 1994, [this court] consolidated several race discrimination cases brought by African-Americans against the State of Alabama, and several of its boards, departments, and agencies; they also sued the Governor of Alabama and other state officials in both their individual and official capacities. Some of the cases were class actions in which plaintiffs sued on behalf of themselves and all other black persons who are employed, have been employed, or who may in the future be employed by the defendants. Plaintiffs claim[ ], inter alia, discrimination against African-Americans in layoffs, recalls from layoffs, terminations, discipline, hiring, rehiring, evaluations, compensation, transfers, job duty assignments, recruitment, screening, selection procedures, denial of promotions, demotions, rollbacks, sick leave, subjective decision-making practices, and other terms and conditions of employment which have resulted in disparate impact and treatment of the plaintiff[s] and the plaintiff class.”

   1 later decision quote this exact passage · from the majority
   e.g. 453 F. Supp. 2d 1323 - In Re Employment Discrimination Litigation Al

2. “[T]he requirement of discriminatory motive “implies more than intent as volition or intent as awareness of consequences. It implies that the decisionmaker ... selected or reaffirmed a particular course of action at least in part ‘because of,’ not merely ‘in spite of,’ its adverse effects upon an identifiable group.” The Supreme Court has explained that “[d]etermining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.” Factors a court may consider in determining whether state action was motivated by discriminatory animus include: (1) the disparate impact of the official action; (2) the historical background of the decision; (3) the specific sequence of events leading up to the challenged decision; and (4) the legislative or administrative history.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 731 F. Supp. 2d 1288 - Hillcrest Property, LLP v. Pasco County

3. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Kuhn v. Thompson