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BULLOCK v. NAPOLITANO

No. 10-1222.

666 F.3d 281 (2012)

Willie D. BULLOCK, Plaintiff-Appellant, v. Janet NAPOLITANO, Secretary, United States Department of Homeland Security, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2012.

Attorney(s) appearing for the Case

ARGUED: James Edward Hairston, Jr. , Hairston Lane Brannon, PA, Raleigh, North Carolina, for Appellant. Seth Morgan Wood , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding , United States Attorney, Jennifer May-Parker , Joshua B. Royster , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge AGEE joined. Judge GREGORY wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

After Willie Bullock filed this racial discrimination action under Title VII of the Civil Rights Act of 1964 in a North Carolina state court, naming as the defendant the Secretary of the U.S. Department of Homeland Security, the Secretary removed the case to federal court under 28 U.S.C. § 1442(a). She then filed a motion to dismiss, claiming that she did not waive sovereign immunity so as to be subject to suit in state...

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