Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation: Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document: Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Jurisdiction: United States (federal)
Effective Date: 2010-09-01
Original Source: https://www.courtlistener.com/opinion/174536/gallagher-v-magner-ex-rel-city-o... ↗

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intent under the McDonnell Douglas3 burden-shifting framework. Griffith v. City of
Des Moines, 387 F.3d 733, 736 (8th Cir. 2004); see also East-Miller v. Lake County
Highway Dep’t, 421 F.3d 558, 563–64 (7th Cir. 2005) (applying the “direct evidence”
and McDonnell Douglas frameworks in the FHA context). The district court
concluded that Appellants did not assert a claim under the McDonnell Douglas
framework, and we agree. Presentation of the McDonnell Douglas framework on
appeal raises new issues and is therefore not appropriate for our consideration. See
Cronquist v. City of Minneapolis, 237 F.3d 920, 924–25 (8th Cir. 2001) (refusing to
consider a mixed-motive discrimination theory because it was not presented to the
district court); Universal Title Ins. Co. v. United States, 942 F.2d 1311, 1314 (8th Cir.
1991) (new issues are generally not considered on appeal). As such, we turn to
whether there is direct evidence that discriminatory animus motivated the City’s code
enforcement actions.

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