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U.S. v. NORTH CAROLINA

Nos. 98-1759, 98-1805.

180 F.3d 574 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. State of NORTH CAROLINA; North Carolina Department of Correction, an agency of the State of North Carolina; Mack Jarvis, in his official capacity as Secretary of the North Carolina Department of Correction; Dan Stieneke, in his official capacity as Director of the Division of Prisons, a division of the North Carolina Department of Correction, Defendants-Appellees. United States of America, Plaintiff-Appellee, v. State of North Carolina; North Carolina Department Of Correction, an agency of the State of North Carolina; Mack Jarvis, in his official capacity as Secretary of the North Carolina Department of Correction; Dan Stieneke, in his official capacity as Director of the Division of Prisons, a division of the North Carolina Department of Correction, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 11, 1999.

Attorney(s) appearing for the Case

ARGUED: Miriam Rachel Eisenstein, United States Department of Justice, Washington, D.C., for Appellant. William Dale Talbert, Special Deputy Attorney General, James Peeler Smith, Special Deputy Attorney General, Raleigh, North Carolina, for Appellees. ON BRIEF: Bill Lann Lee, Acting Assistant Attorney General, Dennis J. Dimsey, United States Department of Justice, Washington, D.C., for Appellant. Michael F. Easley, North Carolina Attorney General, Raleigh, North Carolina, for Appellees.

Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.

Reversed and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge DIANA GRIBBON MOTZ joined.

OPINION

WILKINS, Circuit Judge:

The United States appeals an order of the district court refusing to enter a consent decree that would have settled litigation between the United States and the State of North Carolina1 concerning alleged gender discrimination in the hiring and promotion...

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