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KING v. McMILLAN

Nos. 08-1667, 08-1713, 08-1974.

594 F.3d 301 (2010)

Lespia KING, Plaintiff-Appellee, v. George M. McMILLAN, Defendant-Appellant, and Octavia Johnson, Defendant. Lespia King, Plaintiff-Appellee, v. Octavia Johnson, in her official capacity as Sheriff of the City of Roanoke, Defendant-Appellant, and George M. McMillan, Defendant. Lespia King, Plaintiff-Appellee, v. Octavia Johnson, in her official capacity as Sheriff of the City of Roanoke, Defendant-Appellant, and George M. McMillan, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2010.

Attorney(s) appearing for the Case

ARGUED: John Adrian Gibney, Jr., Thompson McMullan, PC, Richmond, Virginia; Elizabeth Kay Dillon, Guynn, Memmer & Dillon, PC, Salem, Virginia, for Appellants. Terry Neill Grimes, Grimes & Williams, PC, Roanoke, Virginia, for Appellee. ON BRIEF: Melvin E. Williams, Grimes & Williams, PC, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge KING and Judge AGEE joined.

OPINION

MICHAEL, Circuit Judge:

Lespia King, a former deputy in the sheriff's office for the City of Roanoke, Virginia, sued Sheriff George McMillan in his official capacity under Title VII for sexual harassment and in his individual capacity under Virginia law for battery. While King's suit was pending, Octavia Johnson replaced McMillan as sheriff, and the district court substituted Johnson as the defendant in her official capacity in King's Title VII claim...

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