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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Effective Date
2021-11-12

Other Sections in This Document (145)

Full Text

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However, the district court did not err in holding that
Appellants failed to present evidence sufficient to establish
a genuine dispute of material fact regarding disparate
treatment. To defeat a motion for summary judgment,
Appellants were required to establish that there was a
genuine issue of material fact as to whether “a
discriminatory reason more likely than not motivated the
defendant.” Ave. 6E, 818 F.3d at 504 (quotation marks and
citations omitted). Proof may come in the form of either
“direct or circumstantial evidence.” Pac. Shores Props.,
730 F.3d at 1158. Typically, we apply the multi-factor
inquiry from Arlington Heights v. Metropolitan Housing
Corp., 429 U.S. 252, 266 (1977), to assess whether a plaintiff
has established a triable issue of fact that the defendant’s
actions were motivated by discriminatory intent. We
examine “the events leading up to the challenged decision
and the legislative history behind it, the defendant’s
departure from normal procedures or substantive
conclusions, and the historical background of the decision
42 SW. FAIR HOUSING V. MARICOPA DOMESTIC WATER