because plaintiff did not establish racial discrimination under Sec. 1981 using McDonnell Douglas test, relief under Sec. 1983 was likewise foreclosed
How later courts described this case
- because plaintiff did not establish racial discrimination under Sec. 1981 using McDonnell Douglas test, relief under Sec. 1983 was likewise foreclosed
- the fact that claims lacked merit meant panel did not have to try to answer the “quite difficult-question whether judgment against the [college] would violate the Eleventh Amendment”
- Finding of no intentional discrimination under § 1981 forecloses relief under § 1983
- describing intent required under § 1981
Written by the judges who cited it.
The opinion
CHAMBERS, Circuit Judge,
concurring:
I concur in Judge Norris’ opinion. There were disputed questions of fact here. The district court could have found in favor of Stones on these questions, but it did not do so. It found in favor of the School District and the other named defendants. The result was not clearly erroneous.