12 Massachusetts opinions name it 2 courts 1913–2025 2 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Oyler v. Bolesgreen2 sentences2017The equal protection clause prohibits selective enforcement "based upon an unjustifiable standard such as race, religion, or other arbitrary classification." Oyler v. Boles, 368 U.S. 448, 456 (1962). 2010While some selectivity is permissible in criminal law enforcement, the Federal and Massachusetts Constitutions guarantee that the government will not proceed against an individual based on "an unjustifiable standard such as race, religion, or other arbitrary classification." Commonwealth v. King, 374 Mass. 5, 20 (1977), quoting Oyler v. Boles, 368 U.S. 448, 456 (1962). | 6 | 6 |
Commonwealth v. Kinggreen2 sentences2012We also recognized that a claim of selective prosecution may be constitutional in nature. 7 Id. at 142 , quoting Commonwealth v. King, supra at 20 (“While some selectivity is permissible in criminal law enforcement, the Federal and Massachusetts Constitutions guarantee that the government will not proceed against an individual based on ‘an unjustifiable standard such as race, religion, or other arbitrary classification’ ”). 2010While some selectivity is permissible in criminal law enforcement, the Federal and Massachusetts Constitutions guarantee that the government will not proceed against an individual based on "an unjustifiable standard such as race, religion, or other arbitrary classification." Commonwealth v. King, 374 Mass. 5, 20 (1977), quoting Oyler v. Boles, 368 U.S. 448, 456 (1962). | 4 | 5 |
Yick Wo v. Hopkinsgreen2 sentences1982Plaintiff seeks relief under 42 U.S.C. § 1983 . 5 It is well-established that the Fourteenth Amendment to the United States Constitution does not permit unequal application of impartial laws, Yick Wo v. Hopkins, 118 U.S. 356, 373-374 (1886), but does permit the “conscious exercise of some selectivity” in law enforcement as long as the selectivity is not based on “an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 (1962); Commonwealth v. King, 374 Mass. 5, 20 (1977). 1977It is well established that the Fourteenth Amendment to the United States Constitution does not permit unequal application of impartial laws, Yick Wo v. Hopkins, 118 U.S. 356, 373-374 (1886), but does permit the “conscious exercise of some selectivity” in criminal law enforcement as long as the selectivity is not based on “an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 (1962). | 2 | 2 |
Commonwealth v. Loragreen2 sentences2018In Commonwealth v. Lora , 451 Mass. 425 , 886 N.E.2d 688 (2008), the court reiterated that although "law enforcement officers enjoy considerable discretion in exercising some selectivity for purposes consistent with the public interest," that "selectivity" cannot be based on "an unjustifiable standard such as race, religion or other arbitrary classification" 5 (quotations and citations omitted). 2018In Commonwealth v. Lora , 451 Mass. 425 , 886 N.E.2d 688 (2008), the court reiterated that although "law enforcement officers enjoy considerable discretion in exercising some selectivity for purposes consistent with the public interest," that "selectivity" cannot be based on "an unjustifiable standard such as race, religion or other arbitrary classification" 5 (quotations and citations omitted). | 1 | 3 |
Bordenkircher v. Hayesgreen1 sentence2023Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978). | 1 | 1 |
Pariseau v. City of Brocktongreen2 sentences2010See Pariseau v. Brockton, 135 F. Supp. 2d 257, 263 (D. 2010See Pariseau v. Brockton, 135 F. Supp. 2d 257, 263 (D. | 1 | 1 |
Rzeznik v. Chief of Police of Southamptongreen1 sentence1982See also, Rzeznik v. Chief of Police of Southampton, 374 Mass. 475, 484-485 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. WASHINGTON W.
green
2 sentences2018Washington W ., 457 Mass. 140 , 142, 928 N.E.2d 908 . 2012We also recognized that a claim of selective prosecution may be constitutional in nature. 7 Id. at 142 , quoting Commonwealth v. King, supra at 20 (“While some selectivity is permissible in criminal law enforcement, the Federal and Massachusetts Constitutions guarantee that the government will not proceed against an individual based on ‘an unjustifiable standard such as race, religion, or other arbitrary classification’ ”). | 2 | 2012–2018 |
Wescott v. New York & New England Railroad
neutral
1 sentence1913Wescott v. New York & New England Railroad, 153 Mass. 460 . | 1 | 1913–1913 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.