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HOLMES v. BEVILACQUA

No. 84-1916.

794 F.2d 142 (1986)

Raymond F. HOLMES, Appellant, v. Joseph J. BEVILACQUA, Individually and in his official capacity as Commissioner, Department of Mental Health and Mental Retardation of the Commonwealth of Virginia and the Department of Mental Health and Mental Retardation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1986.

Attorney(s) appearing for the Case

Robert P. Geary (Geary & Davenport, Richmond, Va., on brief), for appellant.

Henry M. Massie, Jr. (Sands, Anderson, Marks & Miller, Richmond, Va., on brief), for appellee Joseph J. Bevilacqua.

Mary Yancey Spencer, Asst. Atty. Gen., Richmond, Va., on brief), for appellee Va. Dept. of Mental Health and Mental Retardation.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN and WILKINSON, Circuit Judges.

CHAPMAN, Circuit Judge:

Plaintiff, a black male, sued Joseph J. Bevilacqua, individually and in his capacity as Commissioner, Department of Mental Health and Mental Retardation of the Commonwealth of Virginia, and the Department of Mental Health and Mental Retardation (MH/MR or the Department) alleging racial discrimination under 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff alleged discrimination...

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