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PROCTOR v. STATE GOVERNMENT OF NORTH CAROLINA

No. 85-1711.

830 F.2d 514 (1987)

Janet M. PROCTOR, Appellee, v. The STATE GOVERNMENT OF NORTH CAROLINA, Executive Branch; The Department of Human Resources of The State of North Carolina; David Flaherty, Secretary of the North Carolina Department of Human Resources; The Office of State Personnel of the North Carolina Department of Administration; I.O. Wilkerson, Director of the Division of Facility Services, North Carolina Department of Human Resources; Edward Seagroves, Analyst, Division of Manpower Management; North Carolina Department of Human Resources, Clark Edwards, Director, Manpower Management Division, North Carolina Department of Human Resources; Roy High, Section Chief, Office of State Personnel of the North Carolina Department of Administration, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1987.

Attorney(s) appearing for the Case

Edwin M. Speas, Jr. and Marcella Ann Reed, Sp. Deputy Attys. Gen. (Lacy H. Thornburg, Atty. Gen. of North Carolina, Raleigh, N.C., on brief), for appellants.

Joyce L. Davis and Cynthia M. Currin (Crisp, Davis, Schwentker, Page & Currin, Robert A. Hassell, Raleigh, N.C., on brief), for appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and MERHIGE, United States District Judge for the Eastern District of Virginia, sitting by designation.

MERHIGE, District Judge:

The state of North Carolina ("the State") appeals from the district court's order holding Marvin Dorman, a State employee, in contempt of court for violation of a consent order previously entered into by the State and appellee, Janet Proctor. Initially, with the consent of the parties pursuant to 28 U.S.C. § 636(c), the matter was heard by a United States magistrate. The magistrate certified the facts to the district court under §...

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