United States Fourth Circuit

In racial discrimination action against the Secretary of the U.S. Department of Homeland Security under Title VII of the Civil Rights Act of 1964, originally filed in a North Carolina state court and removed to federal court, the district court's grant of a motion to dismiss is affirmed, where: 1) the state court lacked subject matter jurisdiction because the United States and the Secretary of Homeland Security did not consent to be sued in a North Carolina state court under Title VII; and 2) removal to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

Appellate Information

• Decided 01/23/2012
• Published 01/23/2012

Judges

• Niemeyer

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• James Edward Hairston, Jr., Seth Morgan Wood