Legal Opinion

Walter SESSIONS, Plaintiff-Appellant, v. RUSK STATE HOSPITAL, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided June 26, 1981No. 80-1359PublishedCited by 187 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

In this employment discrimination action, a black male trainee at a state institution contends that he was denied a promotion because of his race. Suit was originally brought against the state employer pursuant to 42 U.S.C. § 1981, but an amended complaint was filed seven months later asserting a claim under Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et seq. Because we find that the amendment related back to the date of filing the original complaint despite the state’s immunity from suit under Section 1981, we conclude that the Title VII claim…

2Cases cited24 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  5. Edelman v. JordanSupreme Court of the United States · 1974

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3Cited by187 opinions

  1. Augusta Clark v. Tarrant County, TexasCourt of Appeals for the Fifth Circuit · 1986
  2. David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1982
  3. 29 Fair empl.prac.cas. 442, 29 Empl. Prac. Dec. P 32,851, 10 Fed. R. Evid. Serv. 1410 Curtis Jackson, W. C. McClendon Lige Scretchen, Nathaniel Cooper and W. E. Parker, Cross-Appellants v. Seaboard Coast Line Railroad Company, Brotherhood Railway Carmen of the United States and Canada, Cross-Appellee. Curtis Jackson, W. C. McClendon Lige Scretchen v. Seaboard Coast Line Railroad, Co., Brotherhood Railway Carmen of the United States and CanadaCourt of Appeals for the Eleventh Circuit · 1982
  4. Manning v. Chevron Chemical Co., LLCCourt of Appeals for the Fifth Circuit · 2003
  5. Norman Jett v. Dallas Independent School District and Frederick ToddCourt of Appeals for the Fifth Circuit · 1986

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