How do you prove an equal protection violation?

How do you prove an equal protection violation?

To prove an equal-protection claim based on uneven enforcement of a law, the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of …

What are the three levels of scrutiny for equal protection cases?

Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.

What violates the equal protection clause?

A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The clause is not intended to provide equality among individuals or classes but only equal application of the law.

Which laws or court rulings guarantee equal protection?

The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State deny to any person within its jurisdiction the equal protection of the laws”. This clause was the basis for Brown v.

What protections are granted under the equal protection clause of the Fourteenth Amendment?

The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and …

What is protected under the Equal Protection Clause?

Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

Why is state action required for cases under the Equal Protection Clause?

The term “state action” stems from the language of section 1 of the 14th Amendment which provides in relevant part that states (including local governments) must treat people equally and fairly (equal protection) and must not deprive them of basic rights (due process, which includes most of the provisions of the Bill …

What is protected under the equal protection clause?

What are the claims for equal protection under the law?

The Fourteenth Amendment Equal Protection Claim 1 Plaintiffs’ second claim is that they were denied equal protection under the law, in violation of the Fourteenth Amendment, when, Plaintiff claims, the Defendants treated Plaintiffs differently from other persons arrested during the relevant period, thereby discriminating against them.

When to use rational basis in equal protection case?

If the plaintiffs are not members of a suspect class (e.g., a group of persons belonging to the same race), the “rational basis” standard of review must be applied to their claims.

What is equal protection analysis?

Equal Protection Analysis. When an individual believes that either the federal government or a state government has violated that individual’s guaranteed equal rights, that individual is able to bring a lawsuit against that governmental body for relief.

What does the Fifth Amendment say about equal protection?

The Fifth Amendment’s Due Process Clause requires the United States government to practice equal protection. The Fourteenth Amendment’s Equal Protection Clause requires states to practice equal protection.