Section 3617

Citation: Section 3617
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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Finally, although we do not question Bwrell’s result, we are not convinced of one of its premises. Contrary to the Bwrell court’s statement that plaintiffs in § 1983 actions need not demon*1301strate discriminatory intent, see 970 F.2d at 793-94, discriminatory intent is a requisite element of § 1983 claims based on equal protection, see Mencer v. Hammonds, 134 F.3d 1066, 1070 (11th Cir.), cert. denied, — U.S. -, 119 S.Ct. 445, - L.Ed.2d - (1998); see also Edwards v. Wallace Community College, 49 F.3d 1517, 1524 (11th Cir.1995) ("[A]lthough intent is irrelevant for a qualified immunity inquiry per se, it is relevant if intent is an element of the underlying alleged constitutional violation.”) (citations omitted). For all of these reasons, we decline to extend Burrell's holding to § 3617 actions.

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