What is the test for an equal protection claim under disparate treatment theory?

MultiRegion, United States of America

The following excerpt is from Sessing v. Beard, Case No. 1:13-cv-01684-LJO-MJS (PC) (E.D. Cal. 2015):

Plaintiff complains he was treated differently from American Indian religious adherents who had access to an outdoor worship area with a fire pit. To state an equal protection claim under disparate treatment theory, Plaintiff must allege that: (1) he is a member of an identifiable class; (2) he was intentionally treated differently from others similarly situated; and (3) there is no rational basis for the difference in treatment. Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000).

Other Questions


What is the test for equal protection in the context of the equal protection clause? (MultiRegion, United States of America)
What is equal protection and what is the test for equal protection? ("New York", United States of America)
What is the test to survive a motion to dismiss an equal protection claim? (MultiRegion, United States of America)
What is the test for an equal protection claim? (MultiRegion, United States of America)
Can a plaintiff bring an equal protection and substantive due process claim? (MultiRegion, United States of America)
What is the test for establishing an equal protection claim? (MultiRegion, United States of America)
What is the test for a Title VII individual disparate treatment claim? (MultiRegion, United States of America)
What is an equal protection claim? (MultiRegion, United States of America)
Can a plaintiff bring a discrimination claim under the Fourteenth Amendment Equal Protection Clause or/or Section 1981? (MultiRegion, United States of America)
What are the elements of a retaliation claim premised on equal protection under Section 1983? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.