Can a plaintiff bring a claim for racial discrimination under section 1981 of the Civil Rights Act?

MultiRegion, United States of America

The following excerpt is from Espino v. Walgreen Co., No. 2:15-cv-00423-MCE-AC (E.D. Cal. 2016):

Plaintiff alleges in very general terms that he has been racially discriminated against, and that he is "a male, Hispanic, Hawaiian, individual minority." ECF No. 27 at 1, 4. Plaintiff does not, however, explain how defendants discriminated against him (i.e. what actions by defendants were racially motivated), nor does plaintiff allege any facts to support his claim that defendants' actions were in fact racially motivated. In order to state a claim for violation of 1981 plaintiff must allege as to each and every defendant facts showing intentional discrimination on account of race. See Evans v. McKay, 869 F.2d 1341, 1344 (9th Cir. 1989). Because plaintiff has not alleged such facts, his 1981 claims must be dismissed.

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