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The City of El Paso v. Marquez

Tex. App. Dist. 8

September 27, 2012

The city of El Paso appeals the denial of its plea to the jurisdiction and motion for summary judgment in this suit by a former city employee. The appellee's Texas Labor Code Chapter 21 claims were timely filed under the continuing violation doctrine. Because claims alleging 42 U.S.C. §1981 violations against state actors must be brought under §1983, the trial court lacks subject-matter jurisdiction over the appellee's §1981 claims. The trial court's judgment is affirmed in part and dismissed in part. El Paso Court of Appeals, No. 08-11-00262-CV, 09-25-2012.

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