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Jimenez v. Wellstar Health System, 11th Cir., No. 09-10917, February 18, 2010

Articles Discussing Case:

Section 1981 Race Discrimination Claim Cannot Survive Without a Contractual Interest as its Basis.

Ogletree Deakins • March 11, 2010
Under certain circumstances, 42 U.S.C. §1981 (Section 1981) creates a federal cause of action for individuals claiming intentional racial discrimination. To support such a claim, a plaintiff must allege that he is a member of a racial minority, and that he was discriminated against within a particular group of activities set forth in the statute. Those activities include the right to “make and enforce contracts . . . as is enjoyed by white citizens.” The 11th U.S. Circuit Court of Appeal recently dismissed the claims of a physician who claimed that the suspension of his medical staff privileges violated rights protected by Section 1981, holding that such privileges did not constitute contractual rights as defined by the statute.