What is the test for proving discriminatory effect when a plaintiff is charged with criminal contempt?
MultiRegion, United States of America
The following excerpt is from Vang v. Lopey, No. 2:16-cv-2172-JAM-CMK (E.D. Cal. 2017):
To show discriminatory effect, a plaintiff must allege facts showing "others similarly situated generally have not been prosecuted for conduct similar to that for which he was prosecuted." United States v. Scott, 521 F.2d 1188, 1195 (9th Cir. 1975). The plaintiff must "identify a similarly situated class" against which the court can compare the plaintiff's class. Morrow v. City of San Diego, No. 11-CV-01497-BAS-KSC, 2017 WL 3131547, at *3 (S.D. Cal. Jul. 21, 2017).
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