Joseph Smith, et al. v. Pamela Motley, et al.
Under existing Ninth Circuit and United States Supreme Court authority, a plaintiff can establish an Equal Protection Clause violation in the context of discriminatory policing by presenting either a statistical analysis showing a disparity in the treatment of disfavored and non-disfavored groups or evidence of instances in which the government treated similarly situated individuals differently, allowing for an inference that this disparity resulted from invidious discrimination. May plaintiffs meet their burden of establishing Equal Protection Clause violation by a third and alternative method, where the plaintiffs have only anecdotal evidence of how the government allegedly treated the disfavored group?
Whether plaintiffs can establish an Equal Protection Clause violation based solely on anecdotal evidence of differential treatment, without statistical analysis or evidence of differential treatment of similarly situated individuals