United States Fourth Circuit

Because Title VI provides a cause of action for retaliation based upon opposition to practices that Title VI forbids, grant of summary judgment is vacated with remand to provide the parties with an opportunity to further develop the record regarding the nature of the practices that plaintiff opposed. First Amendment claim is revived from summary judgment.

Appellate Information

• Decided 04/22/2003
• Published 04/22/2003

Judges

• Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Kristen M. Galles, Equity Legal, Alexandria, Virginia, for Appellant.  Seth Michael Galanter, Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C., for Amicus Curiae.  Richard Hoyt Matthews, Pender & Coward, P.C., Virginia Beach, Virginia, for Appellees. ON BRIEF:  Deborah C. Waters, Rutter, Walsh, Mills & Rutter, L.L.P., Norfolk, Virginia, for Appellant.  Ralph F. Boyd, Jr., Assistant Attorney General, Dennis J. Dimsey, Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C., for Amicus Curiae.  Paul A. Driscoll, Pender & Coward, P.C., Virginia Beach, Virginia, for Appellees.