Opinion

Sandra K. Beatty v. Chesapeake Center, Inc. Chesapeake Developmental Unit, Inc. Chesapeake Group Homes, Inc.

  • 835 F.2d 71
  • 10 Fed. R. Serv. 3d 223
  • 45 Empl. Prac. Dec. (CCH) 37,619
  • 45 Fair Empl. Prac. Cas. (BNA) 806
  • 1987 U.S. App. LEXIS 16104
Court
Court of Appeals for the Fourth Circuit
Filed
Dec 10, 1987
Status
Published
Author
Hall
On the bench
Winter, Russell, Widener, Hall, Phillips, Murnaghan, Sprouse, Ervin, Chapman, Wilkinson, Wilkins, Haynsworth
Cited by
4 cases
Authority
More cited than 25.5%

The opinion

K.K. HALL, Circuit Judge,

dissenting:

Although it mandated great deference to a district court’s findings of fact, the Supreme Court in Anderson v. City of Bessemer City, 470 U.S. 564 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985), articulated a standard of appellate review, not a standard that precludes review. Even a decision that re *76 lies upon an assessment of witness credibility may be reversed as “clearly erroneous” when the witness’s account viewed “in light of the record in its entirety” is “implausible on its face.” Anderson, 470 U.S. at 574 , 105 S.Ct. at 1512 . See also, Bishopp v. District of Columbia, 788 F.2d 781 (D.C.Cir.1986).

For the reasons previously stated in the majority opinion in Beatty v. Chesapeake Center, Inc., 818 F.2d 318 (4th Cir.1987), I remain convinced that the Chesapeake Center’s explanation for its prima facie act of employment discrimination was utterly unworthy of belief. The en banc majority’s contrary conclusion suggests the “conclu-sory” application of Rule 52(a) which Justice Powell cautioned against in his concurring opinion in Anderson . I, therefore, respectfully dissent from the decision which the en banc majority announces today.

I am authorized to state that Judge Sprouse joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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