McGOVERN v. CITY OF PHILADELPHIA

No. 08-1632.

554 F.3d 114 (2009)

Paul McGOVERN, Appellant v. CITY OF PHILADELPHIA.

United States Court of Appeals, Third Circuit.

Filed: January 28, 2009.


Attorney(s) appearing for the Case

Mark S. Scheffer, Exton, PA, Attorney for Appellant.

Eleanor N. Ewing, City of Philadelphia, Law Department, Philadelphia, PA, Attorney for Appellee.

Before; CHAGARES and HARDIMAN, Circuit Judges and ELLIS, District Judge.


OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In this appeal we consider whether a private right of action against state actors can be implied under 42 U.S.C. § 1981. We join five of our sister circuits in holding that it cannot.

I.

Paul McGovern, a Caucasian male, was hired by the City of Philadelphia (City) as an Administrative Support Specialist in 1994 and was promoted to Network Administrator in 2001. On September 25, 2003, McGovern...

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