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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)

Full Text

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        Of course, merely showing that there is a shortage of housing accessible to a
protected group is insufficient to establish a prima facie case for a disparate impact
claim. Plaintiffs must also show that such a shortage is causally linked to a neutral
policy, resulting in a disproportionate adverse effect on the protected population. See
Quad Enters. Co., LLC v. Town of Southold, No. 09-2963-cv, 2010 WL 807946, at
*2 (2d Cir. Mar. 10, 2010) (“Simply proffering evidence that there is a shortage of
handicapped-accessible housing in the Town of Southold compared to its handicapped
population does not show that the neutral policy at issue is the cause.”).