Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.
Gary J. Spahn & David E. Boone,
Private Discrimination Actions Filed in Federal Court: Nonsubstantive Matters Affecting Liability and Relief,
U. Rich. L. Rev.
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