Ortiz v. City of New York

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

This case is before me on defendant’s motion to dismiss. The City of New York argues that this 42 U.S.C. § 1981 civil rights action must be dismissed because the complaint fails to state a plausible claim and because a re-pled 42 U.S.C. § 1983 action would not be timely. I conclude that § 1983 provides the exclusive cause of action for § 1981 claims against state actors. However, because the claim is plausible and the action would be timely if properly pled under § 1983, I deny the City’s motion to dismiss.

BACKGROUND

Plaintiff William is a…