Private university students can sue school for false arrest under [sec] 1981

Law Reporter, Jun 2003

Phillip v. University of Rochester, 316 F.3d 291 (2d Cir. 2003).

The Second Circuit Court of Appeals held that the equal benefit clause of 42 U.S.C. [sec] 1981 permits students of a private university to sue it for false arrest, without making a showing of state action.

Here, four students of a private university were gathered in the university library. University security officers confronted and then arrested them, allegedly on the basis of their race. Charges against the students were dismissed.

The students sued the university and the officers individually, alleging violation of the equal benefit clause of [sec] 1981, among other claims. A trial court dismissed the claim for failure to allege discriminatory state action. Plaintiffs appealed.

The appellate court reversed, holding that a showing of state action is not required in a claim for violation of the equal benefit clause. Relying on the language of [sec] 1981, the court found that although the statute suggests that some relation between the claim and the state is required, "the state is not the only actor that can deprive an individual of the benefit of laws or proceedings for the security of persons or property." Furthermore, the legislative history of the statute suggests that legislators were concerned about discrimination by private parties, the court said.

Finally, the 1991 amendment to [sec] 1981 states that the right to equal benefit may not be impaired by nongovernmental discrimination. Thus, the court held, no showing of state action is required to bring a claim for violation of the equal benefit clause.

Accordingly, the court reversed.

Plaintiffs' Counsel

Jeffrey Wicks, Rochester, N.Y.

Comment. See also Gonzaga Univ. v. Doe, 536 U.S. 273 (2002). There, the Court ruled that a student may not sue a private university under 42 U.S.C. [sec] 1983 to enforce his privacy rights under the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. [sec] 1232g(b). FERPA does not create a private cause of action under [sec] 1983, the Court held. If a private organization violates the provisions of FERPA, the proper remedy is termination of federal funding, not a private suit.