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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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Appellants contend that the district court improperly dismissed their equal-
protection claim under 42 U.S.C. § 1983. Appellants do not argue that they are
members of a suspect class or that their claims involve a fundamental right. Instead,
they assert a “class of one” claim based on the City’s preferential treatment of the
Public Housing Authority (“PHA”), a distinct government entity funded by HUD that
provided 4,300 units of public housing in St. Paul. To prevail on this claim,
Appellants must prove that the City “intentionally treated [them] differently from
others similarly situated and that there is no rational basis for the difference in
treatment.” Vill. of Willowbrook v. Olech, 528 U.S. 562, 564 (2000) (per curiam).