October 2022 - Parks & Recreation - 30

LAW REVIEW
Viau alleged " the City of Troy had a custom and
practice of allowing segregation based on race,
color and/or national origin as evidenced by Mercer
admitting that the segregation practice had been
going on 'for years.' "
Equal Protection Clause is " essentially
a direction that all persons
similarly situated should be treated
alike. " Accordingly, to state an
equal protection claim, the court
would require Viau's complaint to
adequately plead that " the government
treated K.V. disparately as
compared to similarly situated persons
and that such disparate treatment
either burdens a fundamental
right, targets a suspect class, or has
no rational basis. "
In her complaint, the court
violated K.V.'s rights
the
Fourteenth
under
Amendment's
Equal Protection Clause by
discriminating against her on the
basis of race, color, and/or national
origin. " The court, however, noted
that " a municipality faces Section
1983 liability only when its official
policy or custom directly causes the
plaintiff's injury " :
A plaintiff seeking to impose
liability on a municipality under
Section 1983 must identify a municipal
" policy " or " custom " that
caused the plaintiff's injury. To do
this, the plaintiff must plead sufficient
facts to show a direct causal
link between the policy and the alleged
constitutional violation such
that the municipal policy can be
deemed the moving force behind
the violation.
Accordingly, Viau had alleged
" the City of Troy had a custom and
practice of allowing segregation
based on race, color and/or national
origin as evidenced by Mercer
admitting that the segregation practice
had been going on 'for years.' "
Moreover, Viau alleged Bo's position
as
recreation
department
director
and Mercer's position as
recreation supervisor " reasonably
suggests each had authority over
the adoption and implementation
of the alleged policy. "
Taking
the
allegations
in
the
complaint in a " light most favorable "
to Viau's claims, the federal
district court found " sufficient factual
matter " in the complaint to
satisfy the " facial plausibility " standard
for a Section 1983 violation
against the City of Troy. The court,
therefore, denied the City of Troy's
motion for summary judgment on
Viau's Section 1983 claim.
Equal Protection Claim
As described by the court,
30 Parks & Recreation | O CTOBER 2 0 22 | PARK S ANDRECRE AT ION . OR G
the
found Viau had alleged that " K.V.
was intentionally segregated, based
on her race and/or ethnicity, while
she participated in a summer sports
camp run by the City of Troy. " In
so doing, Viau claimed the following
alleged facts in the complaint
had demonstrated " a facially discriminatory
policy or practice " :
Soccer coach John Doe deliberately
assigned children to different
groups based on race or ethnicity,
with only white children
being assigned to Team America.
All non-white children and those
who advised they had national
origins outside the United States
were assigned to play for different
" countries. "
As cited by the court: " Courts
have recognized that the segregation
of school-aged children based
on race or ethnicity during extracurricular
activities is prima facie
evidence of an equal protection
violation. "
Similarly, in this particular instance,
the court found Viau's complaint
had adequately alleged " a
prima facie [i.e., legally sufficient
on its face] case of an equal protection
violation based on a facially
discriminatory policy or practice. "
Given alleged evidence of an equal

October 2022 - Parks & Recreation

Table of Contents for the Digital Edition of October 2022 - Parks & Recreation

October 2022 - Parks & Recreation - Intro
October 2022 - Parks & Recreation - Cover1
October 2022 - Parks & Recreation - Cover2
October 2022 - Parks & Recreation - 1
October 2022 - Parks & Recreation - 2
October 2022 - Parks & Recreation - 3
October 2022 - Parks & Recreation - 4
October 2022 - Parks & Recreation - 5
October 2022 - Parks & Recreation - 6
October 2022 - Parks & Recreation - 7
October 2022 - Parks & Recreation - 8
October 2022 - Parks & Recreation - 9
October 2022 - Parks & Recreation - 10
October 2022 - Parks & Recreation - 11
October 2022 - Parks & Recreation - 12
October 2022 - Parks & Recreation - 13
October 2022 - Parks & Recreation - 14
October 2022 - Parks & Recreation - 15
October 2022 - Parks & Recreation - 16
October 2022 - Parks & Recreation - 17
October 2022 - Parks & Recreation - 18
October 2022 - Parks & Recreation - 19
October 2022 - Parks & Recreation - 20
October 2022 - Parks & Recreation - 21
October 2022 - Parks & Recreation - 22
October 2022 - Parks & Recreation - 23
October 2022 - Parks & Recreation - 24
October 2022 - Parks & Recreation - 25
October 2022 - Parks & Recreation - 26
October 2022 - Parks & Recreation - 27
October 2022 - Parks & Recreation - 28
October 2022 - Parks & Recreation - 29
October 2022 - Parks & Recreation - 30
October 2022 - Parks & Recreation - 31
October 2022 - Parks & Recreation - 32
October 2022 - Parks & Recreation - 33
October 2022 - Parks & Recreation - 34
October 2022 - Parks & Recreation - 35
October 2022 - Parks & Recreation - 36
October 2022 - Parks & Recreation - 37
October 2022 - Parks & Recreation - 38
October 2022 - Parks & Recreation - 39
October 2022 - Parks & Recreation - 40
October 2022 - Parks & Recreation - 41
October 2022 - Parks & Recreation - 42
October 2022 - Parks & Recreation - 43
October 2022 - Parks & Recreation - 44
October 2022 - Parks & Recreation - 45
October 2022 - Parks & Recreation - 46
October 2022 - Parks & Recreation - 47
October 2022 - Parks & Recreation - 48
October 2022 - Parks & Recreation - 49
October 2022 - Parks & Recreation - 50
October 2022 - Parks & Recreation - 51
October 2022 - Parks & Recreation - 52
October 2022 - Parks & Recreation - 53
October 2022 - Parks & Recreation - 54
October 2022 - Parks & Recreation - 55
October 2022 - Parks & Recreation - 56
October 2022 - Parks & Recreation - Cover3
October 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com