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BIGGS v. NORTH CAROLINA DEPT. OF PUBLIC SAFETY

No. 18-2437.

953 F.3d 236 (2020)

Ray C. BIGGS, Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; Erik A. Hooks, in his official capacity as Secretary for the North Carolina Department of Public Safety, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 10, 2020.

Attorney(s) appearing for the Case

ARGUED: John Heydt Philbeck, Sr. , BAILEY & DIXON, Raleigh, North Carolina, for Appellant. Sripriya Narasimhan , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Joshua H. Stein , Attorney General, Tamika L. Henderson , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Motion to dismiss appeal denied. Affirmed in part, vacated in part, and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Keenan joined.

Ray C. Biggs brought this 42 U.S.C. § 1983 suit against his employer, the North Carolina Department of Public Safety (the "Department"), and its Secretary, Erik A. Hooks (collectively, "Defendants"), arising from a demotion he suffered in 2012. Biggs, a black man, claims that Defendants racially discriminated against him...

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