United States Fourth Circuit

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Bullock v. Napolitano, 10-1222

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