Campbell v. Forest Preserve District
752 F.3d 665
7th Cir.2014Background
- Campbell sued the Forest Preserve District of Cook County (FPD) under §1981 after being fired for a racialized termination; the district court dismissed the §1981 claim as not actionable against state actors.
- The original complaint also raised §1983 due to due-process and equal-protection claims; the §1981 claim concerned race discrimination in contracting.
- FPD argued, and the district court agreed, that §1983 provides the exclusive remedy for state-actor violations of §1981 under Jett; Campbell sought to amend to bring a §1981 claim directly.
- Campbell’s §1983 claims were deemed time-barred by Illinois two-year limitations; the district court allowed an amendment to §1981, then dismissed it.
- Campbell appeals, contending that the Civil Rights Act of 1991 created an independent §1981 remedy against state actors and that such a claim could be timely under §1658’s four-year period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1981 creates a private right of action against state actors post-1991. | Campbell argues §1981 (as amended) allows direct §1981 claims against state actors. | FPD and court hold §1983 remains the exclusive remedy for §1981 violations by state actors. | No; §1983 remains the exclusive remedy for state-actor violations of §1981. |
| Whether the Civil Rights Act of 1991 superseded Jett to permit a direct §1981 claim against state actors. | Campbell asserts the 1991 Act created independent §1981 remedies against state actors. | Court rejects that the 1991 Act abrogates Jett for state actors. | §1983 remains the exclusive remedy; §1981 does not create a state-actor action. |
| What is the applicable statute of limitations for Campbell's claim against a state actor under §1981? | If §1981 is actionable against state actors, §1658’s four-year period could apply post-1991. | Pre-1990 borrowing rules apply for pre-existing actions; Jett prevents direct §1981 against state actors. | The action is governed by existing limitations due to Jett; §1658 does not apply to state-actor claims. |
Key Cases Cited
- Runyon v. McCrary, 427 U.S. 160 (U.S. 1976) (prohibits private discrimination in contracting; foundational for §1981 private actions)
- Patterson v. McLean Credit Union, 491 U.S. 164 (U.S. 1989) (limits §1981 to contract formation and related processes in private contexts)
- Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701 (U.S. 1989) (§1983 provides exclusive damages remedy against state actors for §1981 rights)