Compare, Springer v. Seaman, 821 F.2d 871,
880-81 (1st Cir. 1987)(holding § 1981 suits
not governed by Monell) and Leonard v. Frankfort Electric
and Water Plant Board, 752 F.2d 189, 194, n. 9 (6th
Cir. 1985)(same) with Jett v. Dallas Independent School
District, 798 F.2d 748 (5th Cir. 1986)(panel opinion)
(holding § 1981 governed by Monell)
and Jett v. Dallas Independent School District,
837 F.2d 1234 (denying rehearing)(same).
Public employers remained liable for employment discrimination under
the modern civil rights acts such as Title VII.
See, Pittman v. Oregon Employment Department,
509 F.3d 1065, 1069 (9th Cir. 2007) (recognizing that all the
circuits other than the 9th have held that enactment of 42 U.S. C.
§ 1981(c) did not overrule Jett).
The Ninth Circuit, in Federation of African American Contractors v. City of
Oakland, 96 F.3d 1204 (9th Cir. 1996), held
that the enactment of 42 U.S.C. § 1981(c) did
permit plaintiffs to bring racial discrimination cases against
municipalities under Section 1981, but also
held that such suits would be subject to Monell’s ban on
The playoff game pitted predominantly
white Plano High School, a perennial powerhouse, against all-black
South Oak Cliff. The Plano coach objected to having black
officials assigned to the game, but Jett successfully argued that
they should be. After a 14-0 loss, Jett entered the official's
locker room and berated them, saying he would never use black
Jett alleged that Todd wanted South Oak Cliff to be be the first
predominantly black school to win the state championship and that
having a white coach was an obstacle to that goal. He claimed
that Todd believed that a state championship team would depend on
having a black coach who would recruit middle school players from
predominantly black middle schools. (Recruitment of middle
school athletes would have been a violation of district policy.)
Principal Todd settled before the case went to the Supreme Court.