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Positive treatment
Quoted verbatim 7×
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cited 2× by 2 distinct cases, last quoted 1991 ·
…a plaintiff can establish a prima facie case of disparate treatment without satisfying the mcdonnell douglas test
at p. 1006
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Treatment trajectory · 1985 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Matthews v. Tempe, City of
the district 12 court correctly dismissed lowe's . . . section 1981 sex discrimination claim sex 13 discrimination cannot be redressed under section 1981.
discussed
Cited as authority (verbatim quote)
Eun Jung Lim v. Irvine City
ection 1981 redresses only discrimination based 25 on race.
discussed
Cited as authority (verbatim quote)
Hasbrouck v. Yavapai, County of
ection 1981 redresses only 9 discrimination based on race.
discussed
Cited as authority (verbatim quote)
Lam v. City & County of San Francisco
etermining the existence of a discriminatory purpose demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available
examined
Cited as authority (verbatim quote)
Federal Deposit Insurance v. Henderson
(5×)
also: Cited as authority (rule)
a plaintiff can establish a prima facie case of disparate treatment without satisfying the mcdonnell douglas test
examined
Cited as authority (verbatim quote)
Federal Deposit Insurance Corporation, as Receiver for Liberty Bank of Seattle v. Sim Henderson, J. Thomas Wood Barbara Wood, Husband and Wife, Defendants-Counter- Claimants-Plaintiffs-Appellants v. Thomas Oldfield, Counter-Defendant-Appellee
(5×)
also: Cited as authority (rule)
a plaintiff can establish a prima facie case of disparate treatment without satisfying the mcdonnell douglas test
discussed
Cited as authority (quoted)
(PS) Alcala v. Murphy
he court may not issue a preliminary injunction 10 without notice and an opportunity to be heard for an adverse party.
cited
Cited as authority (rule)
Stacy L. Boyd v. Coeur D’Alene School District #271; Erik Davis, an individual; and Trent Derrick, an individual
Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985), amended, 784 F.2d 1407 (9th Cir. 1986).
discussed
Cited as authority (rule)
Junior v. Sonoma County Superior Court
Because “‘very little . . . evidence is necessary’” to establish a prima facie case, Schnidrig v. Columbia Mach., Inc., 80 F.3d 1406 , 1409 (9th Cir. 1996) (quoting Lowe v. City of Monrovia, 775 F.2d 998, 1009 (9th Cir. 1985)), this circumstantial evidence is agree that the failure to prevent discrimination claim rises or falls with the substantive discrimination claims. 3 24-5320 sufficient to support an inference of discrimination at the prima facie stage.
discussed
Cited as authority (rule)
Nina Xiaoyan Li v. Merck & Co., Inc., et al.
See Warren v. City 7 of Carlsbad, 58 F.3d 439, 442 (9th Cir. 1995) (holding that even a “de minimus´ showing is 8 sufficient to establish a prima facie case); Lowe v. City of Monrovia, 775 F.2d 998, 1005 (9th Cir. 9 1985) (holding that the plaintiff need only offer evidence which “gives rise to an inference of 10 unlawful discrimination.”).
discussed
Cited as authority (rule)
Burke v. Oregon Department of Corrections
Lowe v. City of Monrovia, 775 F.2d 998, 1009 (9th Cir. 1985) (explaining that “any indication of discriminatory motive . . . may suffice to raise a question that can only be resolved by a factfinder”).
cited
Cited as authority (rule)
Wayne Alexander Howlett v. City of Susanville, et al.
Corp. v. Henderson, 940 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 3 775 F.2d 998, 1010 (9th Cir. 1985).
discussed
Cited as authority (rule)
Aulakh v. Crane Worldwide Logistics LLC
Simplot Co., 26 F.3d 885, 889 (9th 16 Cir. 1994) (quoting Lowe v. City of Monrovia, 775 F.2d 998, 1005 (9th Cir. 1985), as 17 amended, 784 F.2d 1407 (1986)). 18 If the defendant succeeds in articulating a legitimate nondiscriminatory reason, then 19 to defeat summary judgment, the plaintiff must demonstrate that the “articulated reason 20 is a pretext for unlawful discrimination by ‘either directly persuading the court that a 21 discriminatory reason more likely motivated the employer or indirectly by showing that 22 the employer's proffered explanation is unworthy of credence.’” Arago…
discussed
Cited as authority (rule)
Manlove v. County of San Diego
Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 16 1985) (citing Pers.
discussed
Cited as authority (rule)
Bain v. Jinnah Internal Medicine, LLC
“When a plaintiff does not rely exclusively on the [McDonnell Douglas] presumption but seeks to establish a prima facie case through the submission of actual evidence, very little such evidence is necessary.” Lowe v. City of Monrovia, 775 F.2d 998, 1009 (9th Cir. 1985), amended, 784 F.2d 1407 (9th Cir. 1986).
discussed
Cited as authority (rule)
Loyd v. McKesson Corporation
The plaintiff need only provide 2 evidence that “gives rise to an inference of unlawful discrimination.” Lowe v. City of 3 Monrovia, 775 F.2d 998, 1005 (9th Cir. 1985) (quotation and citation omitted). 4 Plaintiff advances two theories of liability for religious discrimination: (1) 5 discrimination by failure to accommodate and (2) disparate-impact discrimination.
discussed
Cited as authority (rule)
Dukes v. Liberty Mutual Auto and Home Services LLC
Lowe v. City of 14 Monrovia, 775 F.2d 998, 1007 (9th Cir. 1985). 15 Defendant explains that it did not hire Plaintiff because it “believed that Plaintiff 16 dropped out of the hiring process for a position with a high volume of candidates.” (Doc. 17 29 at 13-14).
cited
Cited as authority (rule)
(PC) Mrozek v. Eaton
Corp. v. Henderson, 940 27 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 28 /// 1 Plaintiff states that he was denied equal protection of the law.
cited
Cited as authority (rule)
Bonazza v. MUFG Bank, Ltd.
Lowe v. City of Monrovia, 775 F.2d 998, 1005 (9th Cir. 1985)).
discussed
Cited as authority (rule)
Carey v. Torres
To bring a claim for disparate treatment or disparate impact, the 3 plaintiff must establish a prima facie case by showing: “(1) plaintiff’s rights are protected under 4 the FHA; and (2) as a result of the defendant’s discriminatory conduct, plaintiff has suffered a 5 distinct and palpable injury.” Id. (citing Lowe v. City of Monrovia, 775 F.2d 998, 1006 (9th Cir. 6 1985)). 7 Section 3604(a) makes it unlawful to “make unavailable or deny a dwelling to any person 8 because of race, color, religion, sex, familial status, or national origin.” 42 U.S.C. § 3604 (a). 9 While “§ 3604(…
discussed
Cited as authority (rule)
(PS) Harrell v. Puckett
Corp. v. Henderson, 940 26 F.2d 465 , 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 27 There is, however, no equal protection scrutiny under a "class of one" theory absent a pattern of 28 generally exercising government authority in a particular manner while treating one individual 1 differently and detrimentally.
discussed
Cited as authority (rule)
(PC) Henderson v. CDCR
Corp. v. Henderson, 940 1 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 2 Citing the allegations in the complaint, Defendant argues: 3 Here, Plaintiff does not allege that he was treated differently because of his disability, but rather that he should have been treated 4 differently because of his disability.
discussed
Cited as authority (rule)
Zhang v. The Energy Authority Inc
For 18 the same reasons stated in its prior discussion (see supra § III.A.2.a.ii), the Court finds a dispute 19 of material fact exists as to whether Ms. Zhang can establish a prima facie case using the 20 McDonnell Douglas elements. 21 That said, “a plaintiff [need] not rely exclusively on the [McDonnell Douglas elements] 22 but [can instead] establish a prima facie case through the submission of [direct] evidence.” 23 Schnidrig, 80 F.3d at 1409 (quoting Lowe v. City of Monrovia, 775 F.2d 998, 1009 (9th Cir. 24 1985), amended, 784 F.2d 1407 (9th Cir. 1986)).
discussed
Cited as authority (rule)
Shallowhorn v. Carrillo
“In order to state a § 1983 claim based on a violation of the 4 equal protection clause of the Fourteenth Amendment, a plaintiff must establish that 5 defendants acted with intentional discrimination against a class of inmates which includes 6 plaintiff.” Parker v. Kramer, No. CVF025117 AWIDLBP, 2005 WL 1343853 , at *6 (E.D. 7 Cal. Apr. 28, 2005) (citing Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985); 8 Henderson, 940 F.2d at 471 )). 9 Plaintiff’s racial discrimination claims fail because he has not alleged sufficient 10 “factual content that allows the court to draw the…
cited
Cited as authority (rule)
(PC)Foster v. Burnes
Lowe v. City 2 of Monrovia, 775 F.2d 998, 1010 (9th Cir.1985); Federal Deposit Ins.
cited
Cited as authority (rule)
Waesche v. Embry-Riddle Aeronautical University Incorporated
Lowe v. City of Monrovia, 775 F.2d 998, 1005 (9th Cir. 1985).
examined
Cited as authority (rule)
(PC) Uhuru v. Walters
(3×)
also: Cited "see"
Corp. v. Henderson, 940 27 F.2d 465 , 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 28 / / / 1 Plaintiff claims he was discriminated against because of his physical and mental 2 handicap, political beliefs, nationality, and age.
discussed
Cited as authority (rule)
(PC) Nolasco v. Rodriguez
(2×)
also: Cited "see"
Corp. v. Henderson, 940 28 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 1 Plaintiff alleges that, because of her status as a transgender person, she was treated 2 differently from other prisoners.
discussed
Cited as authority (rule)
(PC) Adkins v. Ditomas
Corp. v. Henderson, 940 28 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 1 Plaintiff alleges he was treated differently than similarly situated prisoners, but 2 Plaintiff does not identify a class he is a part of that was the cause for the disparate treatment.
discussed
Cited as authority (rule)
(PC) Jones v. Benevious
Corp. v. Henderson, 940 8 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 9 Plaintiff does not plead that he was discriminated against because of a protected 10 class, only that his medications were distributed differently than normal on one occasion.
discussed
Cited as authority (rule)
(PC) Montgomery v. Government
Corp. v. Henderson, 940 23 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 24 The complaint does not allege that similarly situated individuals were treated 25 differently because of a protected status.
discussed
Cited as authority (rule)
Sims v. City of Seattle
Such discriminatory purpose may be established by direct or circumstantial evidence. 14 See Lowe v. City of Monrovia, 775 F.2d 998, 1011 (9th Cir. 1985). 15 Moreover, “[t]he right to non-discriminatory administration of protective services is 16 clearly established.” Elliot-Park v. Manglona, 592 F.3d 1003, 1008 (9th Cir. 2010).
discussed
Cited as authority (rule)
(PC) Israel v. Giles
Corp. v. Henderson, 940 18 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 19 Plaintiff asserts that because she is being held in facility “B” and not in facility 20 “D” or “E” that she is restricted from library legal access.
discussed
Cited as authority (rule)
(PC) Cortinas v. Bivin
Corp. v. Henderson, 940 26 F.2d 465 , 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 27 / / / 28 / / / 1 Here, Plaintiff has not included any allegations as to Defendant Rios and Plaintiff 2 fails to allege that Defendants Reynolds or Bivin acted with intentional discrimination.
discussed
Cited as authority (rule)
(PC) Mendoza v. Matteson
Corp. v. Henderson, 940 16 F.2d 465 , 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 17 The Court finds Plaintiff raises violation of the Equal Protection Clause for two 18 claims: (1) Access to Telephone; and (2) Access to Cleaning Supplies. 19 1.
discussed
Cited as authority (rule)
(PC) Lawrence v. Newsom
Corp. v. Henderson, 940 8 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 9 Here, Plaintiff asserts that “Defendant Warden Jennifer Benavidez was notified 10 that Plaintiff was requesting a medical review for a Medical Parole Hearing,” but Defendant did 11 not respond to the request.
discussed
Cited as authority (rule)
(PC) Person v. Jones
Corp. v. Henderson, 940 3 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 4 In their motion to dismiss, Defendants argue that Plaintiff fails to allege facts 5 showing that Defendants intentionally discriminated against Plaintiff, or that Plaintiff is a member 6 of a suspect class.
cited
Cited as authority (rule)
Self v. Perspecta Enterprise Solutions, LLC
Lowe v. City of Monrovia, 775 F.2d 998, 1005 (9th Cir. 1985), as 10 amended, 784 F.2d 1407 (1986).
discussed
Cited as authority (rule)
(PC) Person v. Jones
Corp. v. Henderson, 940 28 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 1 Here, Defendants argue Plaintiff cannot maintain an Equal Protection Clause claim 2 because Plaintiff does not belong to a suspect class.
discussed
Cited as authority (rule)
Tyler v. Gomez
Cal. Apr. 28, 2005) (citing Lowe v. City of 20 Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985); Henderson, 940 F.2d at 471 )). 21 Plaintiff’s racial discrimination claims fail because he has not alleged sufficient 22 “factual content that allows the court to draw the reasonable inference that [Defendants 23 are] liable for the misconduct alleged.” Iqbal, 556 U.S. at 678.
cited
Cited as authority (rule)
Janvier v. City Of Oakland
Further, both claims 17 require “proof of intentional discrimination.” Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th 18 Cir. 1985), amended, 784 F.2d 1407 (9th Cir. 1986).
discussed
Cited as authority (rule)
Ebalu v. Portland Police Bureau
DISCUSSION To bring a lawsuit under Title VII, a plaintiff must first exhaust available administrative remedies by filing a timely complaint with the EEOC or an authorized state agency. 42 U.S.C. § 2000e-5(f)(1); Lowe v. City of Monrovia, 775 F.2d 998, 1003 (9th Cir. 1985), amended, 784 F.2d 1407 (9th Cir. 1986) (“When a plaintiff fails to raise a Title VII claim before the EEOC, the district court lacks subject matter jurisdiction to hear it.”); see also Sommatino v. United States, 255 F.3d 704, 707 (9th Cir. 2001) (“[T]o bring a Title VII claim in district court, a plaintiff must firs…
cited
Cited as authority (rule)
Ramirez v. City Of San Jose
Cnty., 838 F.2d 1031 , 1050–51 (9th Cir. 1988) (vacated on mootness grounds); Lowe v. City 9 of Monrovia, 775 F.2d 998, 1011 (9th Cir. 1985)).
discussed
Cited as authority (rule)
Hitoshi Yoshikawa v. Troy Seguirant
Cnty., 838 F.2d 1031 , 1050–51 (9th Cir. 1988), vacated on mootness grounds, 490 U.S. 1016 (1989); Lowe v. City of Monrovia, 775 F.2d 998, 1011 (9th Cir. 1985).5 “The constitutional right to be 5 Although Gutierrez was vacated as moot, we have cited the opinion favorably—and for this principle in particular—in subsequent decisions.
discussed
Cited as authority (rule)
(PC) Harris v. Thomas
Corp. v. Henderson, 940 18 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 19 Here, the Court finds that the facts alleged by Plaintiff do not give rise to any 20 claims under the Equal Protection Clause of the Fourteenth Amendment.
discussed
Cited as authority (rule)
Deaullandy Coleman v. Sergeant Jones
See Thorpe v. Clarke, __ F. 4th. __, 2022 WL 2128301 , at *4 (4th Cir. June 14, 2022) (“[W]hen plaintiffs have made a showing sufficient to demonstrate an intentional violation of the Eighth Amendment, they have also made a showing sufficient to overcome any claim to qualified immunity.” (internal quotation marks omitted)); Lowe v. City of Monrovia, 775 F.2d 998, 1011 (9th Cir. 1985) (holding that a government official is not entitled to qualified immunity from a Section 1981 or 1983 action that is based on a claim of intentional discrimination), amended, 784 F.2d 1407 (9th Cir. 1986); see…
cited
Cited as authority (rule)
Second Chief Steven R. Moses v. State of Alaska Governments
Corp. v. Henderson, 940 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 (9th Cir. 1985). 43 Id.; see also Cole v. Oravec, 700 Fed.
discussed
Cited as authority (rule)
Mauritta D. Wallis v. Greyhound Lines, Inc.
Then, in order to prevail, the plaintiff must 24 demonstrate that the employer’s alleged reason for the adverse 25 employment decision is a pretext for another motive which is 26 discriminatory. 27 Lowe v. City of Monrovia, 775 F.2d 998, 1005 (9th Cir. 1985) (citing McDonnell 28 Douglas, 411 U.S. at 802–05). -7- Case 2:19-cv-03448-JWH-E Document 154 Filed 03/30/22 Page 8 of 16 Page ID #:4774 1 “Although intermediate evidentiary burdens shift back and forth under 2 this framework, ‘[t]he ultimate burden of persuading the trier of fact that the 3 defendant intentionally discriminated aga…
discussed
Cited as authority (rule)
Treece v. Perrier Condominium Owners Association, Inc.
In Claim 2, Harlan sues Defendants under §§ 3604(a) and (b) for disparate treatment discrimination against his prospective buyers by enacting and enforcing an occupancy restriction that prevents him from selling his condo.154 Section 3604(a), quoted above, “allow[s] current homeowners to sue . . . [when] specific sales and purchases [a]re 152 Harris v. Itzhaki, 183 F.3d 1043, 1051 (9th Cir. 1999) (citing Lowe v. City of Monrovia, 775 F.2d 998, 1008 (9th Cir. 1985)). 153 Crest Asset Mgmt., 85 F. Supp. 2d at 729 (alteration in original) (internal quotations omitted) (quoting Harris, 183 F.3d…
cited
Cited as authority (rule)
Odom v. Russ
Lowe v. City of Monrovia, 775 F.2d 998, 1011 (9th Cir. 1985); see also Arlington Heights v. Metro.
Retrieving the full opinion text from the archive…
The People of the State of California Ex Rel, John Van De Kamp, Attorney General of the State of California
v.
The Tahoe Regional Planning Agency, a Separate Legal Entity Created by Bi-State Compact, Tahoe Shorezone Representation, a Nevada Corporation, Intervenor-Appellant
v.
The Tahoe Regional Planning Agency, a Separate Legal Entity Created by Bi-State Compact, Tahoe Shorezone Representation, a Nevada Corporation, Intervenor-Appellant
84-2450.
Court of Appeals for the Ninth Circuit.
Oct 31, 1985.
775 F.2d 998
Cited by 7 opinions | Published
Citer courts: E.D. California (1)
The PEOPLE OF the STATE OF CALIFORNIA ex rel, John VAN DE
KAMP, Attorney General of the State of California,
Plaintiff-Appellee,
v.
The TAHOE REGIONAL PLANNING AGENCY, a separate legal entity
created by Bi-State Compact, Defendant-Appellant,
Tahoe Shorezone Representation, a Nevada corporation,
Intervenor-Appellant.
No. 84-2450.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted May 15, 1985.
Decided July 22, 1985.
As Amended Oct. 31, 1985.
[*~998]1
John K. Van de Kamp, Atty. Gen., N. Gregory Taylor, Asst. Atty. Gen., Richard M. Skinner, Deputy Atty. Gen., Sacramento, Cal., E. Clement Shute, Shute, Mihaly & Weinberger, San Francisco, Cal., for plaintiff-appellee.
[*~1000]2
William T. Chidlaw, Law Offices of William T. Chidlaw, Sacramento, Cal., for intervenor-appellant.
ORDER
[*~1005]5
The panel orders the following amendment to its opinion in this case, filed July 22, 1985:
[*~1007]6
Replace the language at page 9, lines 16-18, which states:
[*~1009]7
The proposed TRPA Regional Plan will require the installation of best management practices on all shorezone property.
[*~1010]8
with the following:
[*~1013]9
TRPA's goals include ultimately putting best management practices in place for all land in the Lake Tahoe region.
[*~1014]10
The petition for rehearing is denied.
*
The Honorable Leland C. Nielsen, United States District Judge for the Southern District of California, sitting by designation