stating that “Title VII law ... is utilized by courts considering § 1983 Equal Protection claims” and recognizing that “several circuits have held that, when § 1983 is used as a parallel remedy with Title VII in a discrimination suit ... the elements of the substantive cause of action are the same under both statutes.”
How later courts described this case
- stating that “Title VII law ... is utilized by courts considering § 1983 Equal Protection claims” and recognizing that “several circuits have held that, when § 1983 is used as a parallel remedy with Title VII in a discrimination suit ... the elements of the substantive cause of action are the same under both statutes.”
- finding that district court's analysis of whether facts alleged in plaintiff's complaint, accepted as true, fail to state a claim of violation of clearly established law presents a purely legal question for appellate court review
- considering defendants’ qualified immunity defense to racial harassment claims brought pursuant to Section 1983, but finding that “[e]ach individual defendant’s alleged conduct towards Jemmott, if proven, did amount to severe and pervasive” harassment, which therefore violated Jemmott’s clearly established rights; noting that defendants accused of violating “what they reasonably should have known is a clearly established right”
- observing that “Title VII law ... is utilized by courts considering § 1983 Equal Protection claims” and that “several circuits have held that, when § 1983 is used as a parallel remedy with Title VII in a discrimination suit ... the elements of the substantive cause of action are the same under both statutes.”
Written by the judges who cited it.
The opinion
VAN GRAAFEILAND, Circuit Judge,
concurring:
I concur in the result.