Mlikotin v. City of Los Angeles, 643 F.2d 652 (9th Cir. 1981). · Go Syfert
Mlikotin v. City of Los Angeles, 643 F.2d 652 (9th Cir. 1981). Cases Citing This Book View Copy Cite
10 citation events (1 in the last 25 years) across 6 distinct courts.
Strongest positive: Many Cultures, One Message v. Clements (wawd, 2011-11-08)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Many Cultures, One Message v. Clements
W.D. Wash. · 2011 · confidence medium
Id. (quoting Mlikotin v. City of Los Angeles, 643 F.2d 652, 654 (9th Cir.1981)) (allegation of “unequal treatment of persons similarly situated ... [is] the gravamen of a complaint for denial of equal protection”).
discussed Cited as authority (rule) Abdul Muhammad Samaad v. City of Dallas, State Fair of Texas, Dallas Grand Prix Co., and Larry Waldrop, Delores Pierce v. City of Dallas, Auto Racing of Dallas, Inc., and Sports Car Club of America, Inc., Delores Pierce v. City of Dallas, Frank Wise
5th Cir. · 1991 · confidence medium
E.g., Yale Auto Parts v. Johnson, 758 F.2d 54 , 61 (2d Cir.1988) (complaint is "wholly insufficient to state an equal protection claim, absent the essential allegation that others were treated differently"); Mlikotin v. City of Los Angeles, 643 F.2d 652, 654 (9th Cir.1981) (complaint insufficient because it did "not allege the unequal treatment of persons similarly situated that would be the gravamen of a complaint for denial of equal protection" (citations omitted)); Beacon Syracuse Assocs. v. City of Syracuse, 560 F.Supp. 188, 198 (N.D.N.Y.1983) (equal protection claim dismissed because comp…
discussed Cited as authority (rule) Samaad v. City of Dallas
5th Cir. · 1991 · confidence medium
E.g., Yale Auto Parts v. Johnson, 758 F.2d 54 , 61 (2d Cir.1988) (complaint is "wholly insufficient to state an equal protection claim, absent the essential allegation that others were treated differently”); Mlikotin v. City of Los Angeles, 643 F.2d 652, 654 (9th Cir.1981) (complaint insufficient because it did "not allege the unequal treatment of persons similarly situated that would be the gravamen of a complaint for denial of equal protection” (citations omitted)); Beacon Syracuse Assocs. v. City of Syracuse, 560 F.Supp. 188, 198 (N.D.N.Y.1983) (equal protection claim dismissed because …
discussed Cited as authority (rule) Bank of America National Trust and Savings Association, Trustee, and Robecor, Inc. v. Summerland County Water District and Does I Through Xv
9th Cir. · 1985 · confidence medium
Cf. Lindsey v. Normet, 405 U.S. 56, 74 , 92 S.Ct. 862, 874 , 31 L.Ed.2d 36 (1972) (right to “decent, safe and sanitary” shelter is not a fundamental interest); Mlikotin v. City of Los Angeles, 643 F.2d 652, 653 (9th Cir.1981) (right to municipal utilities is not a constitutionally protected interest).
discussed Cited "see, e.g." Gilbrook v. City of Westminster
9th Cir. · 1999 · signal: see also · confidence medium
Consequently, we do not address the more interesting (and difficult) legal question posed by defendants: Can differential treatment on the basis of expressive activity give rise to an equal protection claim, separate and apart from a claim of First Amendment retaliation? 16 “The Equal Protection Clause directs that all persons similarly circumstanced shall be treated alike.” Plyler v. Doe, 457 U.S. 202, 216 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982) (citation and internal quotation marks omitted); see also Mlikotin v. City of Los Angeles, 643 F.2d 652, 654 (9th Cir.1981) (stating that the al…
discussed Cited "see, e.g." Paul Gilbrook Michael Garrison Don Herr Hal Raphael Dana Bowler Joe Wilson, Davis, Reno & Courtney, Plaintiff-Intervenor-Appellee v. City of Westminster Charles v. Smith Craig Schweisinger Tony Lam Don S. Anderson John T. Demonaco Brian Mayhew, Paul Gilbrook Michael Garrison Don Herr Hal Raphael Dana Bowler Westminster Fire Fighters Association, Local 2425 Joe Wilson International Association of Fire Fighters, Afl-Cio, Davis, Reno & Courtney, Plaintiff-Intervenor-Appellee v. City of Westminster Charles v. Smith Craig Schweisinger Tony Lam Don S. Anderson John T. Demonaco Brian Mayhew, Paul Gilbrook Michael Garrison Don Herr Hal Raphael Dana Bowler Westminster Fire Fighters Association, Local 2425 International Association of Fire Fighters, Afl-Cio Joe Wilson, Davis, Reno & Courtney, Plaintiff-Intervenor-Appellee v. City of Westminster Charles v. Smith Craig Schweisinger Tony Lam Don S. Anderson John T. Demonaco Brian Mayhew
9th Cir. · 1999 · signal: see also · confidence medium
Consequently, we do not address the more interesting (and difficult) legal question posed by defendants: Can differential treatment on the basis of expressive activity give rise to an equal protection claim, separate and apart from a claim of First Amendment retaliation? 15 113 "The Equal Protection Clause directs that all persons similarly circumstanced shall be treated alike." Plyler v. Doe, 457 U.S. 202, 216 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982) (citation and internal quotation marks omitted); see also Mlikotin v. City of Los Angeles, 643 F.2d 652, 654 (9th Cir.1981) (stating that the al…
cited Cited "see, e.g." Donrey Media Group v. Ikeda
D. Haw. · 1996 · signal: see also · confidence medium
See also Mlikotin v. City of Los Angeles, 643 F.2d 652, 654 (9 th Cir.1981).
Retrieving the full opinion text from the archive…
Alex T. Mlikotin and Elvira M. Mlikotin, and on Behalf of Themselves and All Others Similarly Situated
v.
City of Los Angeles, a Municipal Corporation and Members of the City Council, Etc.
79-3477.
Court of Appeals for the Ninth Circuit.
Jun 15, 1981.
643 F.2d 652
Cited by 2 opinions  |  Published

643 F.2d 652

Alex T. MLIKOTIN and Elvira M. Mlikotin, and on behalf of
themselves and all others similarly situated,
Plaintiffs-Appellants,
v.
CITY OF LOS ANGELES, a municipal corporation and members of
the City Council, etc., Defendants-Appellees.

No. 79-3477.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted March 4, 1981.
Decided April 23, 1981.
Rehearing Denied June 15, 1981.

Bennett Rolfe, LeBel & Rolfe, Santa Monica, Cal., for plaintiffs-appellants.

Norman L. Roberts, Asst. City Atty., Los Angeles, Cal., for defendants-appellees.

Appeal from the United States District Court for the Central District of California.

Before GOODWIN and SCHROEDER, Circuit Judges and TEMPLAR[*], District Judge.

SCHROEDER, Circuit Judge:

[*~652–654]1

Plaintiffs are residents of the Venice Canal area of the City of Los Angeles. They filed this action for damages under 42 U.S.C. § 1983 against the city and members of the Los Angeles City Council. The theory of their action is that over a period of years, while the neighborhood was inhabited by poorer residents, the area received inadequate municipal services, and that plaintiffs' property thus has less value than it would otherwise have. They claim denial of equal protection in violation of the fourteenth amendment.

2

Plaintiffs do not maintain that the level of services was the result of any racial or other suspect classification. Contrast Hawkins v. Town of Shaw, 437 F.2d 1286 (5th Cir. 1971), aff'd on rehearing en banc, 461 F.2d 1171 (1972). Nor have they alleged any irrational system of classification by the city. Contrast Sterling v. Village of Maywood, 579 F.2d 1350, 1354 (7th Cir. 1978), cert. denied, 440 U.S. 913, 99 S.Ct. 1227, 59 L.Ed.2d 462 (1979); Davis v. Weir, 497 F.2d 139, 144-45 (5th Cir. 1974). Rather, they claim simply that the city has not distributed its services in an equal manner. The Constitution does not require that laws treat every individual exactly alike, however, to withstand constitutional attack, Salyer Land Co. v. Tulare Lake Basin Water Storage Dist., 410 U.S. 719, 725, 93 S.Ct. 1224, 1228, 35 L.Ed.2d 659 (1973), and a government body may draw lines or make decisions which treat individuals or entities differently. Lehnhausen v. Lake Shore Auto Parts Co., 410 U.S. 356, 359, 93 S.Ct. 1001, 1003, 35 L.Ed.2d 351 (1973). The Constitution does not explicitly provide a right to municipal services. See Hawkins v. Town of Shaw, 461 F.2d 1171, 1173 (5th Cir. 1972); Reiff v. City of Philadelphia, 471 F.Supp. 1262, 1265 (E.D.Pa.1979); see also Lindsey v. Normet, 405 U.S. 56, 74, 92 S.Ct. 862, 874, 31 L.Ed.2d 36 (1972).

[*~653–654]3

These plaintiffs, despite the opportunity to plead their cause with more specificity, have failed to articulate any action by the city which was based upon either an invidious distinction (such as race) or a facially unreasonable classification. See Reiff v. City of Philadelphia, supra, at 1265. Plaintiffs' complaint reflects dissatisfaction with past government decisions affecting the property they now own. It does not allege the unequal treatment of persons similarly situated which would be the gravamen of a complaint for denial of equal protection. See Magoun v. Illinois Trust & Sav. Bank, 170 U.S. 283, 293, 18 S.Ct. 594, 598, 42 L.Ed. 1037 (1898); L. Tribe, American Constitutional Law § 16-1 (1978).

4

We affirm the district court's dismissal of the complaint on the ground that it fails to state a claim upon which relief can be granted.

*

Honorable George Templar, Senior United States District Judge for the District of Kansas, sitting by designation