REYNOLDS v. McINNES

No. 03-13682.

380 F.3d 1303 (2004)

Johnny REYNOLDS, individually and on behalf of himself and as representative of a class of black employees of the Highway Department, State of Alabama, similarly situated, Plaintiffs-Appellants, Cecil Parker, Robert Johnson, Frank Reed, Ouida Maxwell, Martha Ann Boleware, Peggy Vonsherie Allen, Jeffery W. Brown, Intervenor-Plaintiffs-Appellants, William Adams, on behalf of himself and all similarly situated persons (Non-Class Employees), et al., Intervenor-Plaintiffs-Appellees, v. Joe McINNES, in his official capacity as Director for the Alabama Department of Transportation, Halycon Vance Ballard, individually, Tommy G. Flowers, as Director of Personnel Department, State of Alabama, et al., Defendants, Department of Transportation, State of Alabama, Department of Personnel, State of Alabama, Thomas G. Flowers, Interim Director of the State Personnel Department, Robert Renfroe Riley, in his official capacity as Governor of the State of Alabama, Joe McInnes, in his official capacity as Director of the Alabama Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 10, 2004.


Attorney(s) appearing for the Case

Cinda Ruth York, Campbell, Waller & Loper, LLC, Russell Wayne Adams, Deborah A. Mattison, Robert L. Wiggins, Jr., Kell A. Simon, H. Wallace Blizzard, III, Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, AL, for Plaintiffs.

R. Scott Clark, Gary L. Brown, J. Michael Cooper, Raymond P. Fitzpatrick, Jr., Fitzpatrick, Cooper & Clark, LLP, Lisa Wright Borden, Susan Salonimer Wagner, Berkowitz, Lefkovits, Isom & Kushner, Mark T. Waggoner, Hand Arendall, L.L.C., Birmingham, AL, Jimmie R. Ippolito, Jr., Montgomery, AL, David Wayne Long, Sirote & Permutt, P.C., Atlanta, GA, David R. Boyd, Balch & Bingham, Montgomery, AL, for Defendants.

Before BARKETT and HILL, Circuit Judges, and FORRESTER, District Judge.


BARKETT, Circuit Judge:

This case is the latest in a long line of appeals stemming from a 1985 employment discrimination lawsuit brought by a class of African-American employees and applicants against the Alabama Department of Transportation ("ALDOT"). In January 1994, a group of white ALDOT employees moved to intervene for purposes of challenging the race-conscious aspects of a proposed consent decree between the African-American plaintiffs and ALDOT. The district...

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