No 1983 for FAA and AAIA

A district court has found that bankruptcy debtor Jet 1 Center, Inc. had no rights enforceable through 42 U.S.C. § 1983 under the Federal Aviation Act, 49 U.S.C. § 40103(e), or the Airports and Airways Improvement Act, 49 U.S.C. § 47107(a)(4).

In re Jet 1 Center, Inc., --- B.R. ----, 2005 WL 419680 (M.D.Fla. Feb 15, 2005). The court noted the “especially demanding” test for finding a right in Spending Clause legislation, but largely relied on the virtually unanimous caselaw on the private enforceability of the FAA and AAIA, without discussing the statutory language.