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STEWART v. NORTH CAROLINA

Nos. 04-1138, 04-1166.

393 F.3d 484 (2005)

Charles K. STEWART, Plaintiff-Appellee, v. State of NORTH CAROLINA; North Carolina Department of Correction; Theodis Beck, Secretary of North Carolina Department of Correction; Lavee Hamer, General Counsel, North Carolina Department of Correction; Daniel L. Stieneke, Chief Deputy Secretary, North Carolina Department of Correction; James Boyd Bennett, Director of Prisons, North Carolina Department of Correction; George T. Solomon; Graham Pickett, Defendants-Appellants, and John Doe, # 1; Jane Doe, # 2, Defendants. Charles K. Stewart, Plaintiff-Appellee, v. State of North Carolina; North Carolina Department of Correction; Theodis Beck, Secretary of North Carolina Department of Correction; Lavee Hamer, General Counsel, North Carolina Department of Correction; Daniel L. Stieneke, Chief Deputy Secretary, North Carolina Department of Correction; James Boyd Bennett, Director of Prisons, North Carolina Department of Correction; George T. Solomon; Graham Pickett, Defendants-Appellants, and John Doe, # 1; Jane Doe, # 2, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 3, 2005.

Attorney(s) appearing for the Case

ARGUED: Thomas Henry Moore, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Anthony M. Brannon, Brannon Strickland, P.L.L.C., Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper, Attorney General of North Carolina, Thomas J. Pitman, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Eugene G. Boyce, Boyce & Isley, Raleigh, North Carolina, for Appellee.

Before WILKINS, Chief Judge, and LUTTIG and GREGORY, Circuit Judges.

Reversed in part, affirmed in part, and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge GREGORY joined.

OPINION

WILLIAM W. WILKINS, Chief Judge.

The North Carolina Department of Correction (NCDOC), NCDOC officials (the officials), and the State of North Carolina (the State) (collectively, "Appellants") appeal a district court decision denying their motion to dismiss on the ground of sovereign...

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