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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)

Citation
Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Parent Document
Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Effective Date
1998-12-02

Other Sections in This Document (152)

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For several reasons, we decline to extend Burrell 's holding to section 3617 actions. Initially, we note that this court has not extended Burrell to 42 U.S.C. § 1981 actions even though § 1981, under General Building Contractors Ass'n v. Pennsylvania, 458 U.S. 375, 386-91, 102 S.Ct. 3141, 3147-50, 73 L.Ed.2d 835 (1982), requires a showing of purposeful discrimination. See Johnson v. City of Fort Lauderdale, 126 F.3d 1372, 1379-80 (11th Cir.1997) (holding that defendant officials were entitled to qualified immunity on § 1981 claim but, under Burrell, could not assert qualified immunity on § 1985(3) claim). In light of the Johnson court's implicit decision to limit Burrell, we hesitate to extend Burrell here.