King v. McMillan, No. 08-1667
In plaintiff-former deputy's suit against a sheriff in his official capacity under Title VII for sexual harassment and in his individual capacity under Virginia law for battery, district court's substitution of new sheriff as the defendant in her official capacity in the Title VII claim and jury verdict in favor of plaintiff is affirmed as to accept defendant's argument that because each sheriff in Virginia is by state law a singular entity with an independent tenure, she could not be substituted in her official capacity as the successor to the former sheriff in the Title VII claim, would be to allow a state law to override Title VII in violation of the Supremacy Clause. Defendants' remaining challenges are rejected.
Argued: October 30, 2009
Decided: February 3, 2010
Opinion by Circuit Judge Michael
For Appellant: John Adrian Gibney, Jr., Thompson McMullan, PC
For Appellee: Elizabeth Kay Dillion, Guynn Memmer & Dillion, PC