Circuit split · civil rights law
Whether the 1991 amendments to 42 U.S.C. § 1981 overruled Jett v. Dallas Independent School District by creating a direct private right of action against state actors, or whether § 1983 remains the exclusive remedy
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Maldonado v. City of Altus433 F3D 1294
Tenth Circuit Court of Appeals · January 11, 2006
“2003), we recognized a circuit split over whether the 1991 amendments to § 1981 overruled Jett v.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
42 U.S.C. § 1981 — Equal rights under the law
“(a) Statement of equal rights All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (b) “Make and enforce contracts” defined For purposes of this section, the term …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · 10th Cir.Burns v. Bd. of County Comm'rs330 F.3d 1275
What the split turns on
- Anchor precedents:
- Jett v. Dallas Indep. Sch. Dist.491 U.S. 701
- Doctrines & tests:
- qualified immunity
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.