Baker v. Birmingham Board of Education

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the § 1983 statute of limitations for actions based upon post-1990 amendments to 42 U.S.C. § 1981 are governed by 28 U.S.C. § 1658’s four-year limitations period
• holding § 1983 limitations period is determined under § 1658(a) for action based upon post-1990 amendments to 42 U.S.C. § 1981
• noting 8 The Court found another case, McCabe v. Guitars, No. 10CV581 JLS (JMA), 2013 WL 12064539 (S.D. Cal. Mar. 4, 2013
• “Were it not for the 1991 Act, Baker's complaint would fail to state a claim under § 1983.”
• retalia- tion claim was made possible by a post-1990 enactment, therefore it is governed by § 1658’s four-year statute of limitations
• “Section 1981 does not provide a cause of action against state actors; instead, claims against state actors or allegations of § 1981 violations must be brought pursuant to § 1983.”

Source: CourtListener parenthetical corpus (CC0).