United States Fourth Circuit

In plaintiff-former deputy's suit against a sheriff in his official capacity under Title VII for sexual harassment and in his individual capacity under Virginia law for battery, district court's substitution of new sheriff as the defendant in her official capacity in the Title VII claim and jury verdict in favor of plaintiff is affirmed as to accept defendant's argument that because each sheriff in Virginia is by state law a singular entity with an independent tenure, she could not be substituted in her official capacity as the successor to the former sheriff in the Title VII claim, would be to allow a state law to override Title VII in violation of the Supremacy Clause. Defendants' remaining challenges are rejected.

Appellate Information

• Argued 10/30/2009
• Decided 02/03/2010
• Published 02/03/2010

Judges

• Before MICHAEL, KING, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:John Adrian Gibney, Jr., Thompson McMullan, PC, Richmond, Virginia; Elizabeth Kay Dillon, Guynn, Memmer & Dillon, PC, Salem, Virginia, for Appellants. Terry Neill Grimes, Grimes & Williams, PC, Roanoke, Virginia, for Appellee. ON BRIEF:Melvin E. Williams, Grimes & Williams, PC, Roanoke, Virginia, for Appellee.