Federation of African American Contractors v. City of Oakland

Opinion by Judge HAWKINS; Concurrence by Judge BEEZER.

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal presents an issue of first impression: whether the Civil Rights Act of 1991 amended 42 U.S.C. § 1981 to statutorily overrule Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989), to allow a private right of action against municipalities; and, if so, whether the Act reheves plaintiffs from alleging that their civil rights were violated as a result of an official “policy or custom” as required by Monell v. New York City Dep’t of Social Services, 436 U.S. 658,…