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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.

  1. 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 …”
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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.

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.