Posted by: Patricia Salkin | June 24, 2014

Ninth Circuit Court of Appeals Finds That Selective Enforcement Claim Fails Absent A Showing Of Disparate Treatment For Similarly Situated Groups

Hispanic homeowners in Hayward, California alleged that the County of Alameda selectively enforced a zoning ordinance against them, in violation of 42 U.S.C. § 1983. They asserted that the county defendants are selectively enforcing the ordinance against them; however, they failed to show that there were any similarly situated non-Hispanic homeowners who were violating the ordinance but were not being cited. Accordingly, they could not make out a selective enforcement claim against the county defendants. Therefore, the district court properly affirmed the lower court and dismissed the complaint as failing to adequately allege any federal claim upon which relief could be granted.

Cortez v County of Alameda, 2014 WL 2854889 (9th Cir. CA unpub. 6/24/2014)

The opinion can be accessed at: https://www.courtlistener.com/ca9/eJLp/jesus-cortez-v-county-of-alameda/


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