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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 2

Citation
§ 2
Parent Document
Eunice Samuels, Lorraine Warren v. District of Columbia, 770 F.2d 184 (1985)
Effective Date
1985-08-06

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437 U.S. at 189-93, 98 S.Ct. 2299-01. That rationale is plainly applicable here. When Congress added section 1437d(k) to the Act, section 1983 clearly provided an express federal remedy against state actors for the violation of all federal laws. Absent affirmative indications to the contrary, then, we cannot assume that Congress implicitly intended to extinguish the plaintiffs’ existing ability to enforce the grievance procedure requirement under section 1983. See generally Sunstein, Section 1983 and the Private Enforcement of Federal Law, 49 U.Chi.L.Rev. 394, 420-21 (1982).