Hu v. City of New York, No. 18-737 (2d Cir. 2019)Annotate this Case
Plaintiffs, Asian-owned companies and an Asian construction worker, filed suit against the City and others, alleging that defendants discriminatorily enforced municipal building codes against plaintiffs on the basis of race and personal animus. The Second Circuit affirmed the district court's dismissal of plaintiffs' Equal Protection claims under the theories articulated in Village of Willowbrook v. Olech, 528 U.S. 562 (2000), the Due Process clause, and the Monell doctrine.
However, the court vacated as to the selective enforcement claims of race-based and malice-based discrimination articulated under LeClair v. Saunders, 627 F.2d 606 (2d 5 Cir. 1980), because plaintiffs plausibly alleged differential treatment by the same defendant for conduct at the same work site. Likewise, the court vacated the district court's judgment as to the 42 U.S.C. 1981 claim for race-based interference with plaintiffs' right to make and enforce contracts, because plaintiffs alleged a plausible Equal Protection claim under LeClair. Therefore, the court remanded for further proceedings.