Opinion

Oden v. Oktibbeha County MS

  • 246 F.3d 458
  • 81 Empl. Prac. Dec. (CCH) 40,677
  • 85 Fair Empl. Prac. Cas. (BNA) 1377
  • 2001 U.S. App. LEXIS 4910
  • 2001 WL 293511
Court
Court of Appeals for the Fifth Circuit
Filed
Mar 27, 2001
Status
Published
Author
Politz
On the bench
Politz, Smith, Parker
Cited by
203 cases

holding that Title VII’s personal-staff exception must be pleaded as an affirmative defense

How later courts described this case

  • holding that Title VII’s personal-staff exception must be pleaded as an affirmative defense
  • finding that the sheriff, not the county, was the deputy sheriffs employer because the sheriff made all appointment, removal, and compensation decisions regarding deputies, subject to the county’s budget approval
  • holding that assessment of punitive damages in a Title VII claim against a sheriff constituted plain error and reversing the award even though the appellants failed to properly preserve their objection
  • holding that § 1981 creates a cause of action against private actors, but “[§ ] 1983 remains the only provision to expressly create a remedy against persons acting under color of state law”

Written by the judges who cited it.

The opinion

POLITZ, Circuit Judge,

specially concurring:

I specially concur, but conclude that the more appropriate disposition of the 42 U.S.C. § 1981 (c) issue presented herein would be as that accorded by our colleagues in the Ninth Circuit in Federation of African American Contractors v. Oakland, 96 F.3dl204 (9th Cir.1996).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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