927 F. Supp. 2d 275
E.D. Va.2013Background
- Mveng-Whitted sues LaRose and Virginia State Univ. alleging race discrimination under 42 U.S.C. §§1981, 1983 and the Fourteenth Amendment Equal Protection Clause.
- Court previously allowed plaintiff to elect between §1983-based equal protection or §1981 theory; plaintiff elected §1981.
- Key issue: which statute of limitations governs the §1981 claim—§1983’s two-year limit or the four-year §1658 limit?
- §1983 provides the damages remedy for rights under §1981 when sued against state actors; plaintiff must use §1983 to enforce §1981 rights.
- 1991 amendments to §1981 allow post-formation discrimination claims; §1658 provides a four-year period for actions arising under post-1990 congressional enactments.
- Court holds that the §1981 claim here arises under the 1991 amendments and applies the four-year §1658 limitations; reconsideration denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute of limitations applies to the §1981 claim? | Mveng-Whitted argues §1658—four-year period. | LaRose/University argue §1983’s two-year period. | Four-year §1658 applies. |
Key Cases Cited
- Patterson v. McLean Credit Union, 491 U.S. 164 (1989) (pre-1991 §1981 framework; contracting discrimination actionable before 1991 amendments)
- Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701 (1989) (§1983 as mechanism for §1981 rights by state actors; control framework)
- City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (2005) (dictum: §1658 applies to post-1990 enactments; four-year limit when applicable)
- Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004) (purpose and breadth of §1658 to unify limitations for post-1990 enactments)
- Baker v. Birmingham Bd. of Educ., 531 F.3d 1336 (2010) (Eleventh Circuit: §1658 four-year applies to §1981 post-amendments against state actors)