523 F. App'x 19
2d Cir.2013Background
- Abdul-Hakeem filed a 42 U.S.C. § 1983 Equal Protection claim against supervisors Parkinson and McCarthy at the Connecticut Superior Court.
- The District Court granted summary judgment for the defendants on January 26, 2012.
- The court held plaintiff failed to show disparate treatment and identified seven alleged comparators without evidence they were similarly situated.
- The court clarified EP claims under state action resemble Title VII claims and require a prima facie showing with a discriminatorily motivated action.
- The Second Circuit conducted de novo review and affirmed based on lack of evidence that comparators were similarly situated or that conduct disadvantaged Abdul-Hakeem.
- The court concluded there was no inference of racial discrimination given the absence of similarly situated individuals outside the protected class.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EP discrimination was shown | Abdul-Hakeem alleges race-based discrimination by supervisors. | Parkinson and McCarthy argue no similarly situated comparator demonstrated discriminatory intent. | Affirmed; no prima facie evidence of discrimination. |
Key Cases Cited
- Brown v. City of Syracuse, 673 F.3d 141 (2d Cir. 2012) (equal protection requires equal treatment of similarly situated persons)
- Feingold v. New York, 366 F.3d 138 (2d Cir. 2004) (EP claim parallels Title VII principles under color of state law)
- Demoret v. Zegarelli, 451 F.3d 140 (2d Cir. 2006) (EP claim framework and discriminatory intent considerations)
- Sassaman v. Gamache, 566 F.3d 307 (2d Cir. 2009) (prima facie Title VII analysis for employment discrimination)
- Ruiz v. Cnty. of Rockland, 609 F.3d 486 (2d Cir. 2010) (disparate treatment requires similarly situated comparator)
- Burg v. Gosselin, 591 F.3d 95 (2d Cir. 2010) (summary judgment standard: no genuine dispute of material fact)
- Winfield v. Trottier, 710 F.3d 49 (2d Cir. 2013) (summary judgment standard and inference principles in the circuit)
