PHILLIP v. UNIVERSITY OF ROCHESTER

Docket No. 01-7582.

316 F.3d 291 (2003)

Nigel S. PHILLIP, Bernard Schmidt, St. Patrick Reid, and Grant Gittens, Plaintiffs-Appellants, v. UNIVERSITY OF ROCHESTER, Raymond Pipitone, and James Clukey, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 21, 2003.


Attorney(s) appearing for the Case

Jeffrey Wicks, Bansbach, Zoghlin, Wicks & Wahl, P.C., Rochester, NY, for Plaintiffs-Appellants.

Thomas E. Reidy, Ward Norris Heller & Reidy, LLP, Rochester, NY, for Defendant-Appellee University of Rochester.

Christopher A. DiPasquale, Harris Beach LLP, Pittsford, NY, for Defendants-Appellees Raymond Pipitone and James Clukey.

Before: McLAUGHLIN, POOLER, and B.D. PARKER, Jr., Circuit Judges.


POOLER, Circuit Judge.

We are asked to decide whether the equal benefit clause of 42 U.S.C. § 1981 requires a showing of state action. Based primarily on the clear language of the statute, we hold that plaintiffs may sustain a claim for breach of the equal benefit clause without making a traditional state action showing. We caution, however, that this same statutory language constrains the breadth of the equal benefit clause. That is, plaintiffs must demonstrate...

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