Ralph C. Mayrell
91 Texas L. Rev. 449
In this Note, Mr. Mayrell sets out to explain the legal theory through which civil rights litigators can effectively litigate claims against local government discriminators using the False Claims Act (FCA). Part I briefly outlines the scheme of antidiscrimination laws and regulations that are potentially enforceable under the FCA and their limitations. Part II lays out the legal theory of how an antidiscrimination action could form the basis of an FCA claim and provides recent examples of courts favorably reacting to plaintiffs’ use of the FCA in civil rights suits. Part III briefly proposes that agencies use their contracting flexibility to add relevant constitutional requirements. Part IV discusses the potential legal and policy hazards of using the FCA to increase the liability of local governments for civil rights violations.