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BUTLER v. ALABAMA DEPT. OF TRANSP.

No. 07-13358.

536 F.3d 1209 (2008)

Alverene D. BUTLER, Plaintiff-Appellee, v. ALABAMA DEPARTMENT OF TRANSPORTATION, Mark T. Waits, Dist. Engr., in his individual and official capacity, Patrick T. Jackson, Supervisor, in his official and individual capacity, Defendants-Appellants, Joe McInnes, Director, in his official capacity, Defendant.

United States Court of Appeals, Eleventh Circuit.

July 30, 2008.

Attorney(s) appearing for the Case

Jimmie R. Ippolito, Jr., Stacey S. Houston, Montgomery, AL, for Defendants-Appellants.

Jay (Joseph) Brady Lewis, Fred Lee Clements, Jr., Law Offices of Jay Lewis, LLC, Montgomery, AL, for Plaintiff-Appellee.

Before BLACK and CARNES, Circuit Judges, and RESTANI, Judge.

CARNES, Circuit Judge:

Alvarene Butler is black and Karen Stacey is white. They both worked for the Alabama Department of Transportation. One work day in January of 2005 they were going to lunch together. Stacey was driving a pickup truck, and Butler was the only passenger.

On the way to lunch, the truck collided with another vehicle, which was driven by a black male. After the collision, Stacey turned to Butler and asked: "Did you see that? Did you see that...

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