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FOGG v. ASHCROFT

No. 00-5138.

254 F.3d 103 (2001)

Matthew F. FOGG, Appellant, v. John D. ASHCROFT, Attorney General of the United States, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2001.

Attorney(s) appearing for the Case

Frank J. Costello argued the cause for appellant. With him on the brief was Scott M. Zimmerman.

Alexander D. Shoaibi, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney.

Elaine R. Jones, Norman J. Chachkin and Charles S. Ralston were on the brief for amicus curiae NAACP Legal Defense and Educational Fund, Inc. in support of appellant.

Before: EDWARDS, Chief Judge, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Matthew Fogg sued the United States Attorney General in federal district court, alleging that his employer, the United States Marshals Service, had discriminated against him on grounds of race in violation of § 717 of the 1964 Civil Rights Act as amended, 42 U.S.C. § 2000e-16. A jury, which under the 1991 amendments could

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