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· 12/6/1984

James M. Day v. Wayne County Board of Auditors, Wayne County Civil Service Commission, County of Wayne, and Wayne County Board of Commissioners

Citations

  • 749 F.2d 1199
  • 1984 U.S. App. LEXIS 16117
  • 35 Empl. Prac. Dec. (CCH) 34,816
  • 36 Fair Empl. Prac. Cas. (BNA) 743

How courts have described this case

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

  • holding that “an employee may sue her public employer under both Title VII and § 1983 when the § 1983 violation rests on a claim of infringement of rights guaranteed by the Constitution”
  • “[W]e believe Title VII provides the exclusive remedy when the only § 1983 cause of action is based on a violation of Title VII.”
  • Section 1983 claims are reviewed under the same framework as a Title VII claim when the “only § 1983 cause of action is based on a violation of Title VII.”
  • Title VII does not affect rights of state employees under § 1983
  • “Here the … only wrongful act was [defendants’] retaliation for the plaintiff's actions, a violation of Title VII. We conclude that Congress did not intend this violation to be the basis of a Section 1983 claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lively, Wellford, Gibbons

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.