1 |
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). |
2 |
Public employers remained liable for employment discrimination under
the modern civil rights acts such as Title VII. |
3 |
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
respondeat superior. |
4 |
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
officials again. |
5 |
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.) |
6 |
Principal Todd settled before the case went to the Supreme Court. |
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