STRICKLAND v. UNITED STATES

No. 21-1346.

32 F.4th 311 (2022)

Caryn Devins STRICKLAND, Plaintiff-Appellant, v. UNITED STATES of America; Judicial Conference of the United States; Brian Stacy Miller, The Hon., in his official capacity as Chair of the Judicial Conference Committee on Judicial Resources; Administrative Office of the United States Courts; Roslynn R. Mauskopf, The Hon., in her official capacity as Director of the Administrative Office of the United States Courts; Sheryl L. Walter, in her individual capacity as General Counsel for Administrative Office's Office of the General Counsel; John Doe(s), c/o Office of the General Counsel for the Administrative Office of the United States Courts; United States Court of Appeals for the Fourth Circuit; Judicial Council of the Fourth Circuit; Roger L. Gregory, The Hon., in his individual capacity and his official capacity as Chief Judge of the Fourth Circuit and as Chair of the Judicial Council of the Fourth Circuit; James N. Ishida, in his individual capacity and his official capacity as Circuit Executive of the Fourth Circuit and as Secretary of the Judicial Council of the Fourth Circuit; John G. Baker, in his official capacity as Federal Public Defender of the Federal Public Defender for the Western District of North Carolina; Federal Public Defender for the Western District of North Carolina; Anthony Martinez, in his individual capacity, Defendants-Appellees. Members of Congress, Amici Curiae. Legal Momentum; National Women's Law Center; The Purple Campaign and 42 Additional Organizations; Named and Unnamed Current and Former Employees of the Federal Judiciary Who Were Subject To or Witnessed Misconduct; Aziz Huq; Erwin Chemerinsky, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2022.


Attorney(s) appearing for the Case

ARGUED: Jeannie Suk Gersen , HARVARD LAW SCHOOL, Cambridge, Massachusetts, for Appellant. H. Thomas Byron, III , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Shannon S. Spainhour , DAVIS HARTMAN WRIGHT PLLC, Arden, North Carolina, for Appellees. ON BRIEF: Cooper Strickland , LAW OFFICE OF COOPER STRICKLAND, Lynn, North Carolina, for Appellant. Brian M. Boynton , Acting Assistant Attorney General, Amanda L. Mundell , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; William T. Stetzer , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellees. Lynn Hecht Schafran , Jennifer M. Becker , LEGAL MOMENTUM, THE WOMEN'S LEGAL DEFENSE AND EDUCATION FUND, New York, New York; Sunu Chandy , Emily Martin , NATIONAL WOMEN'S LAW CENTER, Washington, D.C.; Ally Coll , Shea Holman , THE PURPLE CAMPAIGN, Washington, D.C.; Kristin E. Bender , WILLKIE FARR & GALLAGHER (UK) LLP, London, United Kingdom; Michael J. Gottlieb , Washington, D.C., Michaela Connolly , WILLKIE FARR & GALLAGHER LLP, New York, New York, for Amici Legal Momentum, National Women's Law Center, The Purple Campaign, and 42 Additional Organizations. Erin E. Meyer , Deeva Shah , KEKER, VAN NEST & PETERS, LLP, San Francisco, California, for Amici Named and Unnamed Current and Former Employees of the Federal Judiciary Who Were Subject to or Witnessed Misconduct. Ilann M. Maazel , Samuel Shapiro , EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP, New York, New York, for Amici Aziz Huq and Erwin Chemerinsky. Elizabeth B. Wydra , Brianne J. Gorod , Miriam Becker-Cohen , CONSTITUTIONAL ACCOUNTABILITY CENTER, Washington, D.C., for Amici Members of Congress.

Affirmed in part, reversed in part, and remanded for further disposition by published opinion. Senior Circuit Judge Briscoe wrote the opinion, in which Senior Circuit Judge Gilman and Senior Circuit Judge Melloy joined.


Plaintiff Caryn Devins Strickland is an attorney who was formerly employed by the Federal Public Defender's Office for the Western District of North Carolina (FPDO). During the course of her employment, Strickland was allegedly subjected to sexual harassment by the First Assistant Public Defender (First Assistant...

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