# Holmes v. Bevilacqua

> Court of Appeals for the Fourth Circuit · June 17, 1986 · 794 F.2d 142

URL: https://www.frixlaw.com/law-library/cases/8942260

## Case

- **Full name:** Raymond F. HOLMES v. Joseph J. BEVILACQUA, Individually and in his official capacity as Commissioner, Department of Mental Health and Mental Retardation of the Commonwealth of Virginia and the Department of Mental Health and Mental Retardation
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 17, 1986
- **Citations:** 794 F.2d 142; 41 Fair Empl. Prac. Cas. (BNA) 43
- **Precedential status:** Published
- **Opinion:** Concurrence by Sprouse
- **Judges:** Chapman, Murnaghan, Sprouse, Winter
- **Cited by:** 94 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8942260

## How later opinions describe it (automated extraction)

- holding that even though the plaintiff scored higher than the selected candidate, it was not enough to show that the failure to promote was based on the plaintiff’s race
- explaining the McDonnell Douglas test in the context of claims of discriminatory denial of promotion
- noting that municipal government experience can be valid reason for promoting nonmember of protected class over member

## Opinion text

SPROUSE, J.,
authorizes me to say that he concurs in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8942260. Public record. Not legal advice.