Oliver Carlson Giles v. Thomas Garwood, Charles Weston, Assistant Dist. Attorney & C. Cloud Morgan, Judge, 853 F.2d 876 (11th Cir. 1988). · Go Syfert
Oliver Carlson Giles v. Thomas Garwood, Charles Weston, Assistant Dist. Attorney & C. Cloud Morgan, Judge, 853 F.2d 876 (11th Cir. 1988). Cases Citing This Book View Copy Cite
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66 citation events (52 in the last 25 years) across 11 distinct courts.
Strongest positive: Mackroy v. Troutman (flmd, 2025-07-08)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Mackroy v. Troutman
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge should not recuse based upon unsupported, irrational, or tenuous allegations.
discussed Cited as authority (verbatim quote) Latrent D. Montgomery v. RJ Reynolds Tobacco Company
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge should not recuse himself based upon unsupported, irrational, or tenuous allegations.
discussed Cited as authority (verbatim quote) Waseem Daker v. John Robinson
11th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge should not recuse himself based upon unsupported, irrational, or tenuous allegations.
discussed Cited as authority (quoted) HUDSON v. MACON BIBB PLANNING & ZONING COMMISSION
M.D. Ga. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge should not recuse himself based upon unsupported, irrational, or tenuous allegations.
discussed Cited as authority (quoted) L. Lin Wood v. Paula J. Frederick
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
a judge should not recuse himself based upon unsupported, irrational, or tenuous al- legations.
cited Cited as authority (rule) Draper Frank Woodyard v. Judge Michael J. Hoylt
S.D. Ala. · 2026 · confidence medium
Sch., 654 F. App’x 394, 396 (11th Cir. 2016) (quoting Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988)).
cited Cited as authority (rule) Donald Trump v. Hillary Clinton
11th Cir. · 2025 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988).
discussed Cited as authority (rule) Heimkes v. Fairhope Motorcoach Resort Condominium Owners Ass'n (2×) also: Cited "see"
S.D. Ala. · 2025 · confidence medium
Sch., 654 F. App’x 394, 396 (11th Cir. 2016) (quoting Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988)).
discussed Cited as authority (rule) Deppe v. Vetter
M.D. Fla. · 2025 · confidence medium
While “any doubts must be resolved in favor of recusal,” Patti, 337 F.3d at 1321 , “[a] judge should not recuse [herself] based upon unsupported, irrational, or tenuous allegations,” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988).
cited Cited as authority (rule) HUMANITARIAN v. TREADWELL
M.D. Ga. · 2024 · confidence medium
An affidavit offering only “[u]nsupported and conclusory allegations [is] not sufficient to warrant [recusal].” Id. (citing Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988)).
discussed Cited as authority (rule) Johnny Gregory v. Kathryn Whitlock (2×)
11th Cir. · 2024 · confidence medium
A judge should disqualify themself from any proceeding in which their impartiality might reasonably be questioned “or if [they have] a personal bias against a party.” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988); see also 28 U.S.C. § 455 (a), (b)(1).
discussed Cited as authority (rule) HUMANITARIAN v. LEARY (2×)
M.D. Ga. · 2024 · confidence medium
An affidavit offering only “[u]nsupported and conclusory allegations [is] not sufficient to warrant [recusal].” Id. (citing Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988)).
discussed Cited as authority (rule) Nicholas Wukoson v. United States (2×)
11th Cir. · 2024 · confidence medium
A judge should disqualify himself from any proceeding in which his impartiality might reasonably be questioned “or if he has a personal bias against a party.” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988); see also 28 U.S.C. § 455 (a), (b)(1).
discussed Cited as authority (rule) United States v. Iran Dwayne Ketchup (2×)
11th Cir. · 2024 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988).
discussed Cited as authority (rule) Estate of Arlene Townsend v. Steven Berman
11th Cir. · 2023 · confidence medium
See In re Hood, 727 F.3d 1360, 1363 (11th Cir. 2013) (sanctions); Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (disqualification); S.E.C. v. Levin, 849 F.3d 995, 1001 (11th Cir. 2017) (disgorgement).
cited Cited as authority (rule) United States v. Michael Ray Alford
11th Cir. · 2023 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988).
cited Cited as authority (rule) Baptiste-Alkebul-Lan v. Smith
M.D. Fla. · 2023 · confidence medium
Sch., 654 F. App’x 394, 396 (11th Cir. 2016) (citing Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988)).
cited Cited as authority (rule) Moore v. United States
M.D. Fla. · 2022 · confidence medium
A movant cannot meet this standard by making “unsupported, irrational, or tenuous allegations,” id. (citing Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (per curiam).
discussed Cited as authority (rule) Ain Jeem, Inc. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
M.D. Fla. · 2022 · confidence medium
Notably, however, a judge should not recuse from an assigned case based upon “unsupported, irrational or highly tenuous speculation.” United States v. Cerceda, 188 F.3d 1291, 1293 (11th Cir. 1999) (per curiam) (citation and internal quotation marks omitted); Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (per curiam) (citation omitted). 1 In Bonner v. City of Prichard, Ala., 661 F.2d 1206 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as precedent all decisions of the former Fifth Circuit decided prior to Primarily, Puckett repeats the same arguments throughout his motion r…
cited Cited as authority (rule) Kasi Jameelah Crawford v. Marriott Hotel Services, Inc.
11th Cir. · 2021 · confidence medium
See United States v. Bailey, 175 F.3d 966, 968 (11th Cir. 1999); Giles v. Gar- wood, 853 F.2d 876, 878 (11th Cir. 1988).
cited Cited as authority (rule) Lincoln Memorial Academy v. School District of Manatee County, Florida
M.D. Fla. · 2021 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988), cert. denied, 499 U.S. 1030 (1989).
discussed Cited as authority (rule) Campbell v. Secretary, Department of Corrections
M.D. Fla. · 2020 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988), explains: A judge should disqualify himself only if a reasonable person would question his impartiality, or if he has a personal bias against a party.
discussed Cited as authority (rule) Centennial Bank v. ServisFirst Bank Inc.
M.D. Fla. · 2020 · confidence medium
A movant cannot meet this standard by making “unsupported, irrational, or tenuous allegations,” id. (citing Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (per curiam)), or—except in rare circumstances—by pointing to a judge’s prior rulings, Litsky v. United States, 510 U.S. 540, 555 (1994) (“[J]udicial rulings alone almost never constitute a valid basis for a bias or partiality motion.”).
cited Cited as authority (rule) Womack v. Wilkes
S.D. Ga. · 2019 · confidence medium
Notably, “[p]rior to July 1, 1984, the statute included ‘persons imprisoned’ in the definition of those who were disabled.” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988).
discussed Cited as authority (rule) Paula Jo Kunsman v. Joel Wall (2×)
11th Cir. · 2018 · confidence medium
Christo v. Padgett, 223 F.3d 1324, 1333 (11th Cir. 2000); Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988). 2 Case: 18-10339 Date Filed: 11/26/2018 Page: 3 of 8 which recusal was sought would entertain a significant doubt about the judge’s impartiality.” Bolin, 225 F.3d at 1239 .
discussed Cited as authority (rule) United States v. Sonny Austin Ramdeo
11th Cir. · 2017 · confidence medium
It is well-established that the “bias must arise from an extrajudicial source, except in the rare case ‘where such pervasive bias and prejudice is shown by otherwise judicial conduct [that] would constitute bias against a party.’” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (citation omitted).
cited Cited as authority (rule) Steven Jacob Seibert v. Commissioner, Georgia Department of Corrections
11th Cir. · 2017 · confidence medium
O.C.G.A. § 9-3-90; Giles v. Garwood, 853 F.2d 876, 877-78 (11th Cir. 1988).
discussed Cited as authority (rule) Jose Yeyille v. Miami Dade County Public Schools (2×) also: Cited "see"
11th Cir. · 2016 · confidence medium
“A judge should not recuse [her]self based upon unsupported, irrational, or tenuous allegations.” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (per curiam).
cited Cited as authority (rule) Kameron Bernard Kelsey v. Macon Bibb County Board of Commissioners
11th Cir. · 2016 · confidence medium
Giles v. Garwood, 853 F.2d 876, 877-78 (11th Cir.1988) (per curiam); O.C.G.A. § 9-3-90.
cited Cited as authority (rule) Nelson Cintron v. United States
11th Cir. · 2010 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988).
discussed Cited as authority (rule) Mike Redford v. Gwinnett County Judicial Circuit
11th Cir. · 2009 · confidence medium
We have stated that unsupported and conclusory allegations are not sufficient to warrant disqualification, noting that “[a] judge should not recuse himself based upon unsupported, irrational, or tenuous allegations.” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988).
cited Cited as authority (rule) Green v. Franklin
10th Cir. · 1994 · confidence medium
Hinman v. Rogers, 831 F.2d at 939 ; Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988), cert. denied, 489 U.S. 1030 (1989).
cited Cited as authority (rule) Wu v. Thomas
11th Cir. · 1993 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988).
cited Cited as authority (rule) Wu v. Thomas
11th Cir. · 1993 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988).
discussed Cited as authority (rule) Hardin v. City of Gadsden
N.D. Ala. · 1993 · confidence medium
“A judge should not recuse himself based upon unsupported, irrational, or tenuous allegations.” Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988), citing United States v. Greenough, 782 F.2d 1556, 1555-59 (11th Cir.1986).
discussed Cited as authority (rule) In Re Wallace J. Kaminski
D.C. Cir. · 1992 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988) ("A judge should disqualify himself only if a reasonable person would question his impartiality, or if he has a personal bias against a party.”); Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975), ce rt. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976); Union Carbide Corp. v. U.S. Cutting Service, Inc., 782 F.2d 710, 715 (7th Cir.1986); 28 U.S.C. § 455 .
cited Cited as authority (rule) Diversified Numismatics, Inc. v. City of Orlando
11th Cir. · 1991 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988), cert. denied, 489 U.S. 1030 , 109 S.Ct. 1164 , 103 L.Ed.2d 222 (1989). .
discussed Cited as authority (rule) Diversified Numismatics, Inc. v. City Of Orlando
11th Cir. · 1991 · confidence medium
In each of those cases, Judge Sharp has recused himself, because he stated he might be biased against Kaimowitz.") 3 R1-5 4 R1-6 5 See In re Corrugated Container Antitrust Litig., 614 F.2d 958, 960-61 (5th Cir.) ("Disqualification questions are fully reviewable on appeal from final judgment." (citations omitted)), cert. denied, 449 U.S. 888 , 101 S.Ct. 244 , 66 L.Ed.2d 114 (1980) 6 Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988), cert. denied, 489 U.S. 1030 , 109 S.Ct. 1164 , 103 L.Ed.2d 222 (1989) 7 Parker v. Connors Steel Co., 855 F.2d 1510, 1524 (11th Cir.1988) (citation and footnote om…
cited Cited as authority (rule) Chevy Chase Federal Savings Bank v. Matz (In re Matz)
W.D. Mich. · 1991 · confidence medium
Perkins v. Spivey, 911 F.2d 22, 33 (8th Cir.1990); Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988).
cited Cited as authority (rule) United States v. Terence George Kelly
11th Cir. · 1989 · confidence medium
Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 1164 , 103 L.Ed.2d 222 (1989).
cited Cited "see" In re: Mustafa Al Hawsawi
D.C. Cir. · 2020 · signal: see · confidence high
See Al-Nashiri III, 921 F.3d at 234 . 9 allegations.”) (citing Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988)).
cited Cited "see" Waseem Daker v. Neil Warren
11th Cir. · 2019 · signal: see · confidence high
See Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988).
discussed Cited "see" Charlotte Taylor v. Sheriff Ric L. Bradshaw
11th Cir. · 2018 · signal: see · confidence high
See Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (per curiam) (“A judge should disqualify himself only if a reasonable person would question his impartiality, or if he has a personal bias against a party.
cited Cited "see" United States v. Antonio U. Akel
11th Cir. · 2015 · signal: see · confidence high
See Giles v. Garwood, 853 F.2d 876, 878 (11th Cir.1988) (motion for recusal); Wilchombe v. TeeVee Toons, Inc., 555 F.3d 949, 957 (11th Cir.2009) (motion for reconsideration).
discussed Cited "see, e.g." King v. Carlton
S.D. Fla. · 2021 · signal: see also · confidence medium
See 28 U.S.C. § 144 (affidavit seeking recusal must “state the facts and the reasons for the belief that bias or prejudice exists.”); see also Giles v. Garwood, 853 F.2d 876, 878 (11th Cir. 1988) (“A judge should not recuse himself based upon unsupported, irrational, or tenuous allegations.” (citing United States v. Greenough, 782 F.2d 1556, 1558-59 (11th Cir. 1986))); Mystique, Inc. v. 138 Int’l, Inc, No. 07-22937-CIV, 2010 WL 1740698 , at *2 (S.D.
Retrieving the full opinion text from the archive…
Oliver Carlson GILES, Plaintiff-Appellant,
v.
Thomas GARWOOD, Charles Weston, Assistant District Attorney and C. Cloud Morgan, Judge, Defendants-Appellees
88-8125.
Court of Appeals for the Eleventh Circuit.
Oct 5, 1988.
853 F.2d 876
Oliver Carlson Giles, Hardwick, Ga., pro se., William F. Amideo, Atlanta, Ga., for defendants-appellees.
Tjoflat, Hill, Johnson.
Cited by 47 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Eleventh Circuit (1) · M.D. Georgia (1)
PER CURIAM:

The appellant, Oliver Giles, filed this action under 42 U.S.C. § 1983 alleging that his constitutional rights were violated in his 1975 Georgia conviction on charges of rape, armed robbery, and assault. During the proceedings in the district court, Giles also filed a motion to disqualify District Court Judge Duross Fitzpatrick on the grounds that the judge had a personal bias against Giles, had delayed rendering a decision, discriminated against indigent pro se inmates, and always ruled in favor of the state. The magistrate recommended that the action be dismissed as barred by the statute of limitations. The court adopted and supplemented the magistrate’s recommendation and ruled that he had no personal bias against Giles and was aware of no other conflict of interest. Giles appeals the dismissal of his claim, and we affirm.

As the district court found, this section 1983 suit is governed by Georgia’s two year statute of limitations applicable to personal injury claims. See O.C.G.A. § 9-3-33; Williams v. City of Atlanta, 794 F.2d 624, 626 (11th Cir.1986). Given that Giles did not file this action challenging his 1975 conviction until 1987, his suit is barred by the statute of limitations. Giles argues, however, that the running of the statute is tolled for prisoners under Georgia law for the duration of their imprisonment. Georgia law does toll the running of the statute for certain disabled[*878] individuals. O.C.G.A. § 9-3-90. Prior to July 1, 1984, the statute included “persons imprisoned” in the definition of those who were disabled. In 1984, however, the statute was amended to exclude prisoners from the list of persons benefiting from the tolling provision. Thus, prisoners are now subject to the generally applicable two-year limitations period in their section 1983 suits. The amendment provided a one year grace period from July 1, 1984 to July 1, 1985 during which prisoners could bring actions that would otherwise be barred under the amended law. However, that grace period does not affect this suit, which was filed almost two years after the conclusion of the grace period. Therefore, Giles is not protected by the tolling provision, and his suit is barred by the statute of limitations.

On appeal Giles also challenges the district court’s denial of his motion for disqualification. This court is limited to a determination of whether the district court abused its discretion in denying the disqualification motion. See Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975), cert. denied, 425 U.S. 944, 96 S.Ct. 1685, 48 L.Ed.2d 188 (1976). A judge should disqualify himself only if a reasonable person would question his impartiality, or if he has a personal bias against a party. The bias must arise from an extrajudicial source, except in the rare case “where such pervasive bias and prejudice is shown by otherwise judicial conduct as would constitute bias against a party.” Id. at 1051. A judge should not recuse himself based upon unsupported, irrational, or tenuous allegations. United States v. Greenough, 782 F.2d 1556, 1558-59 (11th Cir.1986).

Giles’ conclusory allegations that Judge Fitzpatrick was biased in his judicial rulings against prisoner litigants concerned judicial action and were unsupported. Moreover, Judge Fitzpatrick found that he had no personal bias against or interest in Giles' action. Accordingly, the court did not abuse its discretion in denying the motion for disqualification.

The judgment of the district court is AFFIRMED.