United States Fourth Circuit

In an African-American plaintiff's suit against Maryland Court of Appeals and individual defendants for violations of Title VII of the Civil Rights Act and the FLMA, claiming that he was fired for requesting sick leave because he is black, district court's dismissal for failure to state a claim upon which relief can be granted is affirmed where: 1) district court correctly concluded that the complaint failed to state a Title VII race discrimination claim; 2) district court correctly ruled that plaintiff failed to state a Title VII retaliation claim as no facts in the complaint identify any protected activity by plaintiff that prompted the retaliation of which he complains; 3) district court properly dismissed plaintiff's FMLA claim as barred by the Eleventh Amendment.

Appellate Information

• Argued 09/23/2010
• Decided 11/10/2010
• Published 11/10/2010

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Edward Smith, Jr., Hugh Scott Curtis