# Lyes v. City of Riviera Beach

> Court of Appeals for the Eleventh Circuit · February 11, 1999 · 166 F.3d 1332

URL: https://www.frixlaw.com/law-library/cases/6981525

## Case

- **Full name:** Shari L. LYES v. CITY OF RIVIERA BEACH, FLORIDA, Cinthia Becton
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** February 11, 1999
- **Citations:** 166 F.3d 1332; 74 Empl. Prac. Dec. (CCH) 45,728; 79 Fair Empl. Prac. Cas. (BNA) 330; 1999 U.S. App. LEXIS 2333
- **Precedential status:** Published
- **Opinion:** Concurring in part by Anderson
- **Judges:** Anderson, Birch, Black, Carnes, Cox, Dubina, Edmondson, Hull, Kravitch, Marcus, Tjoflat
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6981525

## How later opinions describe it (automated extraction)

- holding that "federalism and comity concerns ... should play a significant role in determining whether to treat as one body two governmental entities that are separate and distinct under state law," and that "substantial deference" should be accorded to "a state lawmaking body…
- holding that the four factor test does not apply perfectly in the context of state or local governmental entities, and holding that courts should "begin with the presumption that governmental subdivisions denominated as separate and distinct under state law should not be aggre…
- holding that conspiracies under color of state law are actionable

## Opinion text

ANDERSON, Circuit Judge,
concurring in part and dissenting in part:
I concur in all of Judge Carnes’ opinion for the court, except Part III.E. In applying the new test for determining whether two state or local governmental entities will be treated as a “single employer” under Title VII, I agree with Judge Kravitch (and for the reasons she articulates) that there remain genuine issues of material fact, thus making summary judgment inappropriate.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6981525. Public record. Not legal advice.