The U.S. Court of Appeals for the Ninth Circuit in San Francisco on March 18, 2020, a day after being closed to many court operations. (Photo: Jason Doiy/ALM) 9th Circuit Joins Sister Circuits in Holding Section 1981 Does Not Provide Implied Cause of Action Against State Actors
"A majority of the active judges in our court voted to rehear this case en banc to reconsider our ruling that § 1981 provides an implied cause of action," a Ninth Circuit judge wrote. "Today, we join our sister circuits in holding that it does not."
August 11, 2023 at 12:16 PM
6 minute read
Civil Rights
A U.S. Court of Appeals for the Ninth Circuit opinion joined sister circuits in overruling the court's own 1996 ruling in Federation of African American Contractors v. City of Oakland, now concluding that a plaintiff seeking to enforce rights secured by §1981 against a state actor must bring a cause of action under 42 U.S.C. §1983.
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