Biggs v. North Carolina Department of Public Safety, No. 18-2437 (4th Cir. 2020)
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Plaintiff filed suit against defendants under 42 U.S.C. 1983, alleging claims related to the demotion he suffered in 2012. Plaintiff alleged that defendants racially discriminated against him and seeks reinstatement of his prior position, the removal of negative materials from his personnel file, and reimbursement for his legal expenses. The district court granted summary judgment for defendants.
The Fourth Circuit denied defendants' motion to dismiss plaintiff's appeal as moot based on plaintiff's retirement, because plaintiff has sworn that he would promptly return to work if reinstated to his prior position. The court affirmed the district court's grant of summary judgment to the Department, because its removal of this case did not constitute a waiver of sovereign immunity. Finally, the court vacated the district court's award of summary judgment to Defendant Hooks and remanded for further proceedings. In this case, plaintiff is seeking prospective, not retrospective, relief and thus his claim against Hooks falls under the sovereign-immunity exception articulated in Ex Parte Young, 209 U.S. 123 (1908).
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