Wilson v. University of Virginia

MEMORANDUM OPINION

MICHAEL, District Judge

This matter comes before the court upon defendants’ motion to dismiss Count II of the complaint, which states a cause of action under 42 U.S.C. § 1981. Defendants contend that plaintiff Wilson’s assertion of an employment discrimination claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., precludes her from asserting a § 1981 claim on the same facts. They also contend that Wilson’s § 1981 claim is barred by the eleventh amendment. For the reasons stated below, the court will grant the motion in part and deny it in part.

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