Freddy Green v. Elixir Indus., 428 F.3d 1008 (11th Cir. 2005). · Go Syfert
Freddy Green v. Elixir Indus., 428 F.3d 1008 (11th Cir. 2005). Cases Citing This Book View Copy Cite
632 citation events (632 in the last 25 years) across 33 distinct courts.
Strongest positive: Ana Maria Rodriguez v. City of Port Richey, Officer Kenneth Korchak, in his official capacity, and Captain Michael Koch, in his official capacity (flmd, 2025-10-23)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ana Maria Rodriguez v. City of Port Richey, Officer Kenneth Korchak, in his official capacity, and Captain Michael Koch, in his official capacity
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
discussed Cited as authority (verbatim quote) Christina D. Thundathil v. United States of America, Bay Care Health Care d/b/a Winter Haven Hospital, City of Winter Haven, Police of Winter Haven, Polk County Board of County Commissioners, and Polk County Sheriff Grady Judd
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
discussed Cited as authority (verbatim quote) PERMENTER v. ECLINICAL WORKS LLC
M.D. Ga. · 2025 · quote attribution · 1 verbatim quote · confidence high
underlying improper practices alone are insufficient to state a claim under the false claims act absent allegations that a specific fraudulent claim was in fact submitted to the government.
discussed Cited as authority (verbatim quote) Barnes v. Defelice
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
discussed Cited as authority (verbatim quote) Persaud v. Bank of New York Mellon
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
discussed Cited as authority (verbatim quote) Zafirov v. Florida Medical Associates, LLC
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
this court has held that complaints alleging violations of the false claims act are governed by rule 9(b).
discussed Cited as authority (verbatim quote) Zafirov v. Florida Medical Associates, LLC
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
this court has held that complaints alleging violations of the false claims act are governed by rule 9(b).
discussed Cited as authority (verbatim quote) Reddon v. Calero
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
discussed Cited as authority (verbatim quote) Richards v. Calero
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
examined Cited as authority (verbatim quote) Boodoo v. Alabama Psychiatry LLC (2×) also: Cited "see"
N.D. Ala. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
in short, corsello provided the 'who,' 'what,' 'where,' 'when,' and 'how' of improper practices, but he failed to allege the 'who,' 'what,' 'where,' 'when,' and 'how' of fraudulent submissions to the government.
examined Cited as authority (verbatim quote) Wilkerson v. Lifepoint Health Inc (2×) also: Cited "see"
N.D. Ala. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
in short, corsello provided the 'who,' 'what,' 'where,' 'when,' and 'how' of improper practices, but he failed to allege the 'who,' 'what,' 'where,' 'when,' and 'how' of fraudulent submissions to the government.
discussed Cited as authority (verbatim quote) United States of America ex rel. v. ERMI, LLC (2×) also: Cited as authority (rule)
N.D. Ga. · 2022 · quote attribution · 1 verbatim quote · confidence high
underlying improper practices alone are insufficient to state a claim under the false claims act absent allegations that a specific fraudulent claim was in fact submitted to the government.
discussed Cited as authority (verbatim quote) Dubbeld v. Diget
Bankr. N.D. Ga. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
repeated failure to cure deficiencies by amendments' is an explicitly permitted reason for which the district court was entitled to deny his motion to amend.
discussed Cited as authority (verbatim quote) Anderson Puckett v. Ain Jeem, Inc.
M.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
discussed Cited as authority (verbatim quote) Zafirov v. Florida Medical Associates, LLC (2×) also: Cited as authority (rule)
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
discussed Cited as authority (verbatim quote) United States of America ex rel. v. Guardian Pharmacy of Atlanta, LLC (2×) also: Cited as authority (rule)
N.D. Ga. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
liability under the false claims act arises from the submission of a fraudulent claim to the government, not the disregard of government regulations or failure to maintain proper internal policies.
discussed Cited as authority (verbatim quote) Valles v. State Farm Fire and Casualty Company
N.D. Ga. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the district court . . . need not allow an amendment . . . where allowing amendment would cause undue prejudice to the opposing party where amendment would be futile.
discussed Cited as authority (verbatim quote) Rococo Steak, LLC v. Aspen Specialty Insurance Company
M.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the district court, however, need not 'allow an amendment . . . where amendment would be futile.
discussed Cited as authority (verbatim quote) Prime Time Sports Grill, Inc. v. DTW 1991 Underwriting Limited
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the district court, however, need not 'allow an amendment... where amendment would be futile.
discussed Cited as authority (verbatim quote) Craighead v. Austal USA, LLC
S.D. Ala. · 2017 · quote attribution · 1 verbatim quote · confidence high
ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.
examined Cited as authority (verbatim quote) United States ex rel. Aquino v. University of Miami (5×) also: Cited as authority (rule), Cited "see"
S.D. Fla. · 2017 · quote attribution · 2 verbatim quotes · confidence high
in short, corsello provided the 'who,' 'what,' 'where,' 'when,' and 'how' of improper practices, but he failed to allege the 'who,' 'what,'- 'where,' "when,' and 'how' of the fraudulent submissions to the government
examined Cited as authority (verbatim quote) McNear v. Wells Fargo Bank, N.A. ex rel. Certificateholders of Securitized Asset Banked Receivables, LLC (3×) also: Cited "see"
11th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
e review the denial of a motion to amend a complaint for abuse of discretion.
discussed Cited as authority (verbatim quote) Bozorgmehr Pouyeh v. The Board of Trustees of the University of Alabama
11th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
on a motion to dismiss for failure to state a claim, we accept as true the facts as alleged in the complaint.
examined Cited as authority (verbatim quote) United States Ex Rel. Keeler v. Eisai, Inc. (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
in short, corsello provided the 'who,' 'what,' 'where,' 'when,' and 'how" of improper practices, but he failed to allege the 'who,' "what,' 'where,' 'when,' and 'how' of fraudulent submissions to the government.
discussed Cited as authority (verbatim quote) Arnold Johnson v. CO II Boyd (2×) also: Cited as authority (rule)
11th Cir. · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
fourth complaint
discussed Cited as authority (verbatim quote) Gene Klusmeier v. Bell Constructors, Inc. (2×) also: Cited as authority (rule)
11th Cir. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
liability under the arises from the submission of a fraudulent claim to the government, not the disregard of government regulations or failure to maintain proper internal policies.
discussed Cited as authority (verbatim quote) Hopper v. Solvay Pharmaceuticals, Inc.
M.D. Fla. · 2008 · quote attribution · 1 verbatim quote · confidence high
because it is the submission of a fraudulent claim that gives rise to liability under the false claims act, that submission must be pleaded with particularity and not inferred from the circumstances.
discussed Cited as authority (quoted) Ronald Williams v. City of Kansas City, Missouri
Mo. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
all of the factual allegations contained in green's eeoc charge relate to his termination," and "othing in green's eeoc charge related to incidents of harassment
cited Cited as authority (rule) Kevin L. Shehee v. Diana Lynch
11th Cir. · 2026 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005).
discussed Cited as authority (rule) United States of America v. Robert L. Crites
M.D. Ala. · 2026 · confidence medium
However, the Court need not determine the applicable standard because the evidence in this case is sufficient to satisfy either standard. the defendant conspired with one or more persons to get a false or fraudulent claim paid by the United States; (2) that one or more of the conspirators performed any act to effect the object of the conspiracy; and (3) that the United States suffered damages as a result of the false or fraudulent claim.” Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (citation omitted).
cited Cited as authority (rule) Humberto Reyes v. Royal Caribbean Cruises, LTD.
11th Cir. · 2026 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005).
discussed Cited as authority (rule) United States of America ex rel. Dr. Todd Scarbrough v. Alabama Cancer Care, LLC, et al.
N.D. Ala. · 2026 · confidence medium
Because submission of a false claim cannot “be inferred from the circumstances,” Corsello v. Lincare, Inc., 428 F.3d 1008, 1013 (11th Cir. 2005), Scarbrough hasn’t adequately alleged that the CMS data includes false claims from Sehbai under Code 77427.
discussed Cited as authority (rule) Stanley Cichowski, Jr. v. Melissa Distler
11th Cir. · 2026 · confidence medium
USCA11 Case: 25-12148 Document: 20-1 Date Filed: 01/21/2026 Page: 10 of 11 10 Opinion of the Court 25-12148 Finally, “[o]rdinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.” Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005).
discussed Cited as authority (rule) Hane Cypress McLeaish v. The School District of Escambia County, et al.
N.D. Fla. · 2025 · confidence medium
Ramon, 195 F. App’x at 864, 866 (finding charge involving incident of losing pay and disparities in pay did not give rise to a hostile work environment claim); Green v. Elixir Indus., Inc., 152 F. App’x 838, 840-41 (11th Cir. 2005) (finding charge alleging employment termination for violating attendance policy, with whites receiving different treatment, did not give rise to a hostile work environment claim); Jordan v. Cobb Cnty.
discussed Cited as authority (rule) REACH Air Medical Services LLC v. Kaiser Foundation Health Plan Inc.
11th Cir. · 2025 · confidence medium
“Notably, the ‘[f ]ailure to satisfy Rule 9(b) is a ground for dismissal of a complaint.’” Id. (alteration in original) (quoting Corsello v. Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005) (per curiam)).
cited Cited as authority (rule) Al Rushaid Petroleum Investment Company v. Siemens Energy Incorporated
11th Cir. · 2025 · confidence medium
“Failure to satisfy Rule 9(b) is a ground for dismissal of a complaint.” Corsello v. Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005) (per curiam).
discussed Cited as authority (rule) Lee Robert Scott v. Michael Satz, et al.
N.D. Fla. · 2025 · confidence medium
Amendment Would Be Futile “Ordinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint.” Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005).
discussed Cited as authority (rule) Vazquez v. Lee County Board of County Commissioners
M.D. Fla. · 2025 · confidence medium
Second, the fact untimely incidents are discussed during an EEOC interview does not render them as “reasonably . . . grow[ing] out of the charge.” Green v. Elixir Indus., Inc., 152 F. App’x 838, 840 (11th Cir. 2005).
cited Cited as authority (rule) BCN Catering Bars SL. v. NIBIRUINTERNATIONAL LLC.
S.D. Fla. · 2025 · confidence medium
“Failure to satisfy Rule 9(b) is a ground for dismissal of a complaint.” Corsello v. Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005).
discussed Cited as authority (rule) Publix Litigation Partnership, LLP v. Publix Super Markets, Inc.
M.D. Fla. · 2025 · confidence medium
An FCA claim satisfies Rule 9(b) if it sets forth “‘time, place, and substance of the defendant’s alleged fraud,’ [and] ‘the details of the defendants’ allegedly fraudulent acts, when they occurred, and who engaged in them.” Olhausen v. Arriva Med., LLC, 124 F.4th 851, 860 (11th Cir. 2024) (quoting Corsello v. Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005)).
discussed Cited as authority (rule) Pugh v. Chime PrePaid Card (MAG+)
M.D. Ala. · 2025 · confidence medium
Before dismissal of the complaint pursuant to § 1915(e), “[a] plaintiff ordinarily should get one opportunity to amend his complaint before dismissal with prejudice.” Emrit v. Sec’y, United States Dep’t of Educ., 829 F. App’x 474 , 477 (11th Cir. 2020) (citing Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005)).
cited Cited as authority (rule) Elena Lyadina Saville v. Clarence William Webb
11th Cir. · 2025 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005) (per curiam).
examined Cited as authority (rule) Omni Healthcare Inc. v. North Brevard County Hospital District (3×) also: Cited "see"
M.D. Fla. · 2025 · confidence medium
The magistrate judge recommends dismissal of Plaintiff’s claims of conspiracy to violate sections 3729(a)(1)(A) and (B) because “Plaintiff has not alleged that Defendants conspired to present false claims to the [g]overnment for payment.” (Dkt. 108 at 25–26.) See Corsello, 428 F.3d at 1014 (affirming dismissal of conspiracy claim where the “bare legal conclusion” that the defendants “conspired to defraud the [g]overnment” was not supported by “specific allegations of any agreement or overt act”).
examined Cited as authority (rule) Barbara Senters v. Quest Diagnostics, Inc. (3×) also: Cited "see"
11th Cir. · 2025 · confidence medium
Rather, a relator must “allege the ‘who,’ ‘what,’ ‘where,’ ‘when,’ and ‘how’ of fraudulent submissions to the government.” Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (per curiam).
discussed Cited as authority (rule) Middleton v. Chatham County
S.D. Ga. · 2025 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (holding that a court need not give an opportunity to amend “where amendment would be futile.”) Therefore, this case should be DISMISSED as malicious under the PLRA.
discussed Cited as authority (rule) Middleton v. City of Savannah Police Dept.
S.D. Ga. · 2025 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (holding that a court need not give an opportunity to amend “where amendment would be futile.”) Therefore, this case should be DISMISSED as malicious under the PLRA.
discussed Cited as authority (rule) Middleton v. Heap
S.D. Ga. · 2025 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (holding that a court need not give an opportunity to amend “where amendment would be futile.”) Therefore, this case should be DISMISSED as malicious under the PLRA.
discussed Cited as authority (rule) Middleton v. Uhaul Corporation
S.D. Ga. · 2025 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (holding that a court need not give an opportunity to amend “where amendment would be futile.”) Therefore, this case should be DISMISSED as malicious under the PLRA.
discussed Cited as authority (rule) Middleton v. Uhaul Company
S.D. Ga. · 2025 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (holding that a court need not give an opportunity to amend “where amendment would be futile.”) Therefore, this case should be DISMISSED as malicious under the PLRA.
cited Cited as authority (rule) Rav Bahamas, Ltd. v. Genting Americas, Inc.
S.D. Fla. · 2025 · confidence medium
Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005).
Retrieving the full opinion text from the archive…
Freddy GREEN, Plaintiff-Appellant,
v.
ELIXIR INDUSTRIES, INC., Defendant-Appellee
04-12973; D.C. Docket 01-00083-CV-5.
Court of Appeals for the Eleventh Circuit.
Oct 11, 2005.
428 F.3d 1008
Bryant H. Bower, Jr., Bower Law Office, Willis H. Blacknall, III, Thomas, Blackwall & Thomas, Waycross, GA, for Plaintiff-Appellant., J. Ellsworth Hall, IV, Hall, Block, Garland & Meyer, Macon, GA, for Defendant Appellee.
Barkett, Hill, Farris.
Cited by 23 opinions  |  Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: Missouri Court of Appeals (1)
PER CURIAM.

We withdraw our previous opinion and substitute this opinion in its place.

Freddy Green appeals the district court’s grant of summary judgment in favor of Elixir Industries on his race employment discrimination claim. Green filed suit in district court alleging wrongful termination on the basis of race, as well as racial hostile work environment discrimination, in violation of 42 U.S.C. § 2000e et seq. (Title VII) and 42 U.S.C. § 1981. [1] Although the district court found the merits of Green’s hostile work environment claim sufficient to withstand summary judgment, the court nonetheless granted summary judgment on that claim under both Title VII and § 1981, on the grounds that the Equal Employment Opportunity Commission (“EEOC”) charge Green had filed was deficient.

We affirm the district court’s determination that Green’s EEOC charge was insufficient to provide notice of a Title VII hostile work environment claim. While § 1981 does not require a plaintiff to exhaust administrative remedies by filing an EEOC charge, Green has abandoned any argument concerning his § 1981 claims, because he failed to raise them on appeal. Accordingly, we affirm.

BACKGROUND

Plaintiff Freddy Green is a black male who was employed by Defendant Elixir Industries, Inc. at its Georgia Extrusion Division in Douglas, Georgia from March 1995 until he was terminated on January 2, 2001. Following his termination, Green filed a pro se charge of discrimination with the EEOC. Green checked the box stating that the discrimination alleged was racial. In the box where Green was required to state the dates of the discrimination, Green wrote “January 2, 2001” as the “ear[*840] liest” and “latest” dates. In the factual particulars section, Green stated:

I. I was employed from March 7, 1995 until my discharge January 2, 2001. I was terminated for violation of the attendance policy, but I have no written warnings for attendance. White males that have written warnings and have committed further violations were not terminated.
II. Management stated I was discharged because of violation of the attendance policy.
III. I believe that I have been discriminated against because of my race (black) in violation of Title VII of the Civil Rights Act of 1964, as amended.

The EEOC investigated Green’s charges and concluded that Green was not terminated because of his race. [2] It issued Green a right to sue letter.

Green subsequently filed this action, which alleged both racial hostile environment discrimination and racially-motivated termination in violation of Title VII and § 1981. Green’s allegations in the suit include repeated and outrageous acts of racially motivated harassment.

Elixir filed a motion for summary judgment, asserting that Green’s EEOC charge did not contain specific allegations of a hostile work environment, but only mentioned his termination as the discriminatory act, and listed January 2, 2001, as both the starting and ending date of the discriminatory conduct. Elixir claimed that a hostile work environment investigation could not reasonably be expected to grow out of this charge, and that Green’s Title VII claim was therefore procedurally deficient. The district court found that Green’s EEOC charge was deficient and granted summary judgment solely on that basis.

DISCUSSION

We review the grant of summary judgment de novo. Higdon v. Jackson, 393 F.3d 1211, 1218 (11th Cir.2004). Before filing a Title VII action, a plaintiff must exhaust his administrative remedies by filing a charge of discrimination with the EEOC. Sanchez v. Standard Brands, Inc., 431 F.2d 455, 460 (5th Cir.1970). [3] Though we must liberally construe EEOC charges that are prepared without the assistance of counsel, a plaintiffs civil complaint remains “limited by the scope of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.” Gregory v. Ga. Dep’t of Human Res., 355 F.3d 1277, 1280 (11th Cir.2004) (quoting Alexander v. Fulton County, 207 F.3d 1303, 1332 (11th Cir. 2000)).

Though Green relies on Gregory to argue that his EEOC charge embraced a hostile environment claim, we find Gregory inapposite. In Gregory, though the plaintiff failed to check the box labeled “retaliation” on the EEOC charge, the charge nonetheless alleged facts that reasonably encompassed a claim for retaliation. Gregory, 355 F.3d at 1280. By contrast, all of the factual allegations contained in Green’s EEOC charge relate to his termination and none relate to a retaliation claim. He[*841] noted the date of his termination as both the earliest and latest date of discriminatory conduct; explained that his termination ostensibly stemmed from attendance policy violations; and stated that white males with inferior attendance records were retained. Nothing in Green’s EEOC charge related to incidents of harassment, nor did anything mention the dates on which they occurred. Because the facts alleged in Green’s EEOC charge form cannot be said to encompass a hostile work environment claim, we affirm the district court’s finding that his claim was therefore procedurally deficient. See Sanchez, 431 F.2d at 466 (explaining that a Title VII complaint may encompass only the kinds of discrimination like or related to the allegations contained in the EEOC charge).

Unlike Title VII, § 1981 does not require that a plaintiff exhaust administrative remedies before filing an action in federal court. See Caldwell v. Nat’l Brewing Co., 443 F.2d 1044, 1046 (5th Cir.1971) (holding that a plaintiff alleging discriminatory employment practices with regard to race “has an independent remedy under § 1981 without respect to exhaustion under Title VII”). As such, a hostile work environment claim brought under § 1981 cannot be defeated by a deficient EEOC charge. Thus, while the district court improperly entered summary judgment on Green’s § 1981 claim based on his failure to exhaust administrative remedies, circuit precedent dictates that Green’s failure to raise his § 1981 claim on appeal renders the issue abandoned. See United States v. Ardley, 242 F.3d 989, 990 (11th Cir.2001) (applying “our well-established rule that issues and contentions not timely raised in the briefs are deemed abandoned”).

AFFIRMED.

1

. The wrongful termination claim went to trial, and the jury returned a verdict for Elixir Industries.

2

. Green claims that he told an EEOC investigator about the harassing conduct and provided paperwork to the EEOC substantiating the incidents concerning his hostile-environment claim. The EEOC has since destroyed Green's file. However, there is no dispute concerning Green’s EEOC charge form, which did not include facts concerning his hostile-environment claim.

3

. In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), the Eleventh Circuit adopted as binding precedent all Fifth Circuit decisions handed down prior to the close of business on September 30, 1981.