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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Appellants’ claims pursuant to 42 U.S.C. §§ 1981, 1982, and 1985 are
duplicative with their FHA disparate treatment claim, as the underlying constitutional
violations for these claims require a showing of discriminatory intent. See Dirden v.
Dep’t of Hous. & Urban Dev., 86 F.3d 112, 114 (8th Cir. 1996) (per curiam) (sections
1981 and 1982); Larson v. Miller, 76 F.3d 1446, 1454 (8th Cir. 1996) (section 1985).
Appellants acknowledge this overlap and argue that the district court did not consider
“the evidence from the FHA analysis” when it evaluated their constitutional claims.
However, the “evidence from the FHA analysis” is insufficient to establish
discriminatory intent, and therefore it is irrelevant that the district court did not repeat
its analysis. Because there is insufficient evidence to show a discriminatory intent,
see supra Sec. II-A-(1), summary judgment was proper as to Appellants’ claims under
§§ 1981, 1982, and 1985. C.     Equal Protection

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