Equal Protection Clause (14th Amendment)

June 15, 2025 by mjpospis

Section 1983 Sexual Harassment Claim Survives Dismissal

In Pike v. Budd, 133 F.4th 74 (1st Cir. 2025), the court vacated the lower court’s dismissal of plaintiff’s sexual harassment claim based on qualified immunity. The court summarized the alleged facts as follows: Plaintiff-Appellant Samantha Pike (“Pike”), a licensed alcohol and drug treatment counselor employed by Wellspring, Inc. (“Wellspring”), worked at Maine’s Adult Treatment…

Equal Protection Discrimination Claim Dismissed, Absent Sufficient Information Pertaining to Alleged Comparators

In White v. City of Long Beach, Comptroller Inna Resnick et al, CV 22-5628 (GRB)(ARL), 2024 WL 693773 (E.D.N.Y. Feb. 20, 2024), the court granted defendants’ motion to dismiss plaintiff’s employment discrimination claim. From the decision: Defendants seek dismissal of plaintiff’s Equal Protection claim on the basis that she failed to sufficiently allege she was…