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Home / Opinion Digests / Labor & Employment / Labor & Employment – Public Employees – 42 U.S.C. §§ 1981 & 1983 – Civil Practice – Pleadings (access required)

Labor & Employment – Public Employees – 42 U.S.C. §§ 1981 & 1983 – Civil Practice – Pleadings (access required)

Plaintiff’s first two causes of action (race discrimination and retaliation) are brought under 42 U.S.C. § 1981; however, § 1981 does not provide a proper basis for a cause of action. Consequently, plaintiff’s first two causes of action fail to state a claim as a matter of law. The court adopts the magistrate judge’s recommendation and ...

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