nf Appeals 3For the 'Eleventh Cireint v. Florida Dep't of Corrections, No. 25-11166 (Southern District of Fla. (S.D. FLA) July 10, 2026)

Case details
Full caption
nf Appeals 3For the 'Eleventh Cireint v. FLORIDA DEPARTMENT OF CORRECTIONS
Country
United States
Jurisdiction
Federal
Court
Southern District of Florida (S.D. FLA)
Decided
July 10, 2026
Disposition
Motion Granted
FOR PUBLICATION3ln theïïnihîr JBtates (Court nf Appeals3For the 'Eleventh (CireintNo. 25-11166Non-Argument CalendarMARION PARNELL, JR.,Plaintiff-Appellant, versusFLORIDA DEPARTMENT OF CORRECTIONS,Defendan t-Appellee.Appeal from the United States District Court for the Southern District of FloridaD.C. Docket No. l:23-cv-24008-FAMBefore Jordan, Kidd, and Wilson, Circuit Judges.PER CURIAM:Marion Parnell, Jr., an African-American male represented by counsel, appeals the district court’s grant of summary judgment inUSCA11 Case: 25-11166 Document: 41-1 Date Filed: 07/10/2026 Page: 1 of 6
2Opinion of the Court25-11166favor of the Florida Department of Corrections (FDOC), his previ­ous employer, on his retaliation claims brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), and the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101.On appeal, Parnell makes two arguments. First, he argues that the district court erred in granting summary judgment for the FDOC on his Title VII retaliation claim because his disciplinary his­tory or excessive absenteeism caused his demotion and termina­tion. Second, he argues that the court erred in granting summary judgment on his ADA retaliation claim because his request for an ADA accommodation caused his demotion and termination.I.“We review a grant of summary judgment de novo, viewing all facts in the record in the light most favorable to the nonmovant and drawing all inferences in [his] favor.” Baker v. Upson Reg’l Med. Ctr., 94 F.4th 1312, 1316-17 (11th Cir. 2024) (per curiam). Sum­mary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is enti­tled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).After review of the briefs and reviewing the record in the light most favorable to Parnell, we conclude that the district court did not err in granting summary judgment on Parnell’s Title VII retaliation claim because he was unable to demonstrate with com­petent evidence or inferences in his favor that his filing of an EqualUSCA11 Case: 25-11166 Document: 41-1 Date Filed: 07/10/2026 Page: 2 of 6
25-11166Opinion of the Court3Employment Opportunity Commission complaint caused his de­motion and termination or that he was disciplined for any reason apart from his disciplinary infractions and excessive absenteeism.Applying the same standards, we also conclude that the dis­trict court did not err in entering summary judgment on Parnell’s ADA retaliation claim because he was unable to demonstrate with competent evidence or inferences in his favor that his request for accommodation under the ADA caused his demotion and termina­tion.II.The FDOC has moved for sanctions under Federal Rule of Appellate Procedure 27 and our inherent authority, seeking attor­ney’s fees and to strike portions of Parnell’s reply brief. The FDOC argues that Parnell’s reply brief cites two non-existent court opin­ions and at least five non-existent quotations from our opinions. Parnell responds that he withdraws any erroneous statements in his reply brief, which renders the FDOC’s motion “moot.” He ar­gues that the errors were not made in bad faith and his reply brief s arguments are still legally correct.Rule 1 in Addendum Eight of our Standards for Professional Conduct provides that:A. An act or omission of an attorney admitted to prac­tice before the Court... that violates the Code of Professional Responsibility or Rules of Professional Conduct adopted by this Court, shall constitute mis­conduct and shall be grounds for discipline, whetherUSCA11 Case: 25-11166 Document: 41-1 Date Filed: 07/10/2026 Page: 3 of 6
4Opinion of the Court25-11166or not the act or omission occurred in the course ofan attorney-client relationship. . . .B. Discipline for misconduct defined in these rules may consist of disbarment, suspension, reprimand, monetary sanctions (including payment of the costs of disciplinary proceedings), removal from district court Criminal Justice Act panels, removal from the Court's roster of attorneys eligible for practice before the Court and for appointment under the Criminal Justice Act, or any other sanction the Court may deem appropriate.11th Cir. R., Addendum Eight, Rule 1.Rule 27-4 sanctions may be monetary or non-monetary, in­cluding an order to pay a penalty to us or to award attorney's fees and costs to an opposing party. 11th Cir. R. 27-4.Federal courts also have inherent authority to police parties that appear before them, which permits the imposition of sanctions on parties who have “acted in bad faith, vexatiously, wantonly, or for oppressive reasons.” Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218, 1223 (11th Cir. 2017) (citations and quotations omitted). “The key to unlocking a court’s inherent power is a find­ing of bad faith.” Id. In the absence of direct evidence of subjective bad faith, a court may still exercise its inherent authority to sanc­tion a party for knowingly or recklessly raising a frivolous argu­ment. Id. at 1225.We ordered supplemental briefing to provide Parnell’s counsel the opportunity to explain where the defective cases andUSCA11 Case: 25-11166 Document: 41-1 Date Filed: 07/10/2026 Page: 4 of 6
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