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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2010-09-01

Other Sections in This Document (106)

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Town of Huntington, 844 F.2d 926, 934–35 (2d Cir.), aff’d, 488 U.S. 15 (1988) (per
curiam); Smith v. Anchor Bldg. Corp., 536 F.2d 231, 233 (8th Cir. 1976). If
Appellants establish a prima facie case, the burden shifts to the City to demonstrate
that its policy or practice had “‘manifest relationship’” to a legitimate, non-
discriminatory policy objective and was necessary to the attainment of that objective.
Darst-Webbe, 417 F.3d at 902 (quoting Oti Kaga, 342 F.3d at 883). If the City shows
that its actions were justified, then the burden shifts back to Appellants to show “a
viable alternative means” was available to achieve the legitimate policy objective
without discriminatory effects. Id. at 902–03.