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HOLDER v. CITY OF RALEIGH

Nos. 88-3022(L), 88-3023.

867 F.2d 823 (1989)

Needham HOLDER, Plaintiff-Appellant, v. CITY OF RALEIGH; Jack C. Duncan, Defendants-Appellees. Needham HOLDER, Plaintiff-Appellee, v. CITY OF RALEIGH; Jack C. Duncan, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Burton Craige (Tharrington, Smith & Hargrove, Donnell Van Noppen, III, Smith, Patterson, Follin, Curtis, James & Harkavy, Raleigh, N.C., on brief), for plaintiff-appellant.

William E. Moore, Jr. (Guy F. Driver, Jr., Womble, Carlyle, Sandridge & Rice, Thomas A. McCormick, City Atty., Raleigh, N.C., on brief), for defendants-appellees.

Before ERVIN and WILKINSON, Circuit Judges, and KISER, United States District Judge for the Western District of Virginia at Danville, sitting by designation.

WILKINSON, Circuit Judge:

Needham Holder, a black employee of defendant City of Raleigh, alleges that the City's Parks and Recreation Department discriminated against him on the basis of race, in violation of 42 U.S.C. § 2000e, et seq., and 42 U.S.C. §§ 1981 and 1983. The magistrate found that, while the City's promotion decision may have reflected "acts of nepotism," plaintiff suffered no discrimination because of his race. While a decision...

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