American Civil Liberties Union v. City of Las Vegas

<bold>Public Officers and Employees — race discrimination claim — §</bold> <bold>1983 — Title VII</bold> <block_quote> The trial court erred by granting defendants' motion to dismiss plaintiff county DSS employee's race discrimination claims even though the complaint appears to attempt to assert a claim directly under the federal constitution instead of referencing <cross_reference>42 U.S.C. § 1983</cross_reference>, because: (1) the mere fact that a complaint neglects to specify that it is based on § 1983 does not require dismissal even though referencing the statute is the more preferable course; (2) the allegations in the complaint were sufficient to support a § 1983 claim for violation of plaintiff's equal protection rights against both defendant DSS director individually and defendant DSS employer; and (3) a state or local government employee may pursue claims of race discrimination under Title VII, § 1983, or both.</block_quote>