No. 23-5843

Cleon Belgrave v. Publix Super Market, Inc.

Lower Court: Eleventh Circuit
Docketed: 2023-10-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: ada-discrimination ada-qualified-individual ada-reasonable-accommodations ada-retaliation civil-rights disability-rights eeoc-filing employment-discrimination employment-termination judicial-review reasonable-accommodation
Key Terms:
SocialSecurity
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the plaintiff's EEOC filing was timely, whether the plaintiff was a qualified individual under the ADA, whether the plaintiff's accommodation requests were reasonable, and whether the plaintiff's termination was due to retaliation

Question Presented (OCR Extract)

QUESTIONS PRESENTED e Defendants falsely claimed that the plaintiff did not file a timely EEOC, and ignored evidence supporting timely filing. Moreover, the plaintiff should be allowed to subpoena further evidence to support his timely filing of an EEOC discrimination case.Furthermore, this was one of the reasons why the ADA case was wrongfully dismissed. e Judge incorrectly cited reasons to deny plaintiff eligibility as a qualified person under ADA, even though multiple material facts suggest that the plaintiff meets all criteria to be qualified as a protected individual under ADA law. e Plaintiff argues that multiple errors were made when considering his accommodation requests, which were cited as ‘unreasonable’. Also, the plaintiff highlights that some of the requests were ignored by the judge. However, there are material facts which show that all accommodation requests were reasonable under ADA law, and thus were not unlawfully dismissed. e Plaintiff argues that defendants’ true reasons for terminating his employment were ignored, even though maierial facts were presented as support. Moreover, the plaintiff is confused as to what constitutes termination by retaliation, as he was terminated after requesting reasonable accommodations and documentation to file discrimination case, which by ADA law meets the criteria to establish a discrimination case. f5 4 CERTIFICATE OF INTERESTED PERSONS AND

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-01
Waiver of right of respondent Publix Super Market, Inc. to respond filed.
2023-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2023)

Attorneys

Cleon Belgrave
Cleon Belgrave — Petitioner
Cleon Belgrave — Petitioner
Publix Super Market, Inc.
Michael P. KohlerMiller and Martin PLLC, Respondent
Michael P. KohlerMiller and Martin PLLC, Respondent
Robert Foust ParsleyMiller & Martin, PLLC, Respondent
Robert Foust ParsleyMiller & Martin, PLLC, Respondent