Equal Protection

In suit by Black jury venire members, court accepts non-racial explanations for striking jurors.

Data showing Black drivers are stopped at higher rate and that higher rate of searches of Black drivers is unwarranted shows disparate impact, not discriminatory purpose and is insufficient to plead equal protection claim.

County policy of notifying ICE whenever foreign-born person was arrested and then detaining and transferring person into ICE custody violated detainee’s equal protection rights.

Racial profiling claim rejected where purportedly similarly situated comparators in traffic stops were not similarly situated in all relevant respects.

A citizen does not have standing to challenge policies of the prosecuting authority unless she herself is prosecuted or threatened with prosecution, citing Linda R.S. v. Richard D., 410 U.S. 614 (1973); plaintiff rape victim lacked standing to sue prosecutor who conspired with assistant warden who raped plaintiff to protect assistant warden from investigation and prosecution.

Arrestee’s equal protection claim failed where he did not allege either that he was treated differently that persons similarly situated to him or that officer acted with discriminatory intent.

Sheriff violated Equal Protection Clause when, based on race (African American) of defendants, in place of court-ordered release on specific terms, he substituted prolonged detentions and significant restraints on pretrial release of his own devising, causing jailing of group of plaintiffs from three to fourteen days; evidence that more than four in five of the eighty or so people wrongfully detained were Black was sufficient at pleading stage to believe sheriff could be liable for intentional discrimination.

Permitting plaintiff to go forward with class-of-one equal protection claim where officer repeatedly interfered with plaintiff’s ability to move his residence and register as sex offender and discrimination was intentional and without any rational basis.