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· 11/29/1948

Reo Motors, Inc. v. Commissioner

Citations

  • 170 F.2d 1001
  • 37 A.F.T.R. (P-H) 584
  • 1948 U.S. App. LEXIS 3821

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “a plaintiff alleging a claim of selective prosecution in violation of the Equal Protection Clause must plead and establish the existence of similarly situated individuals who were not prosecuted”
  • reversing dismissal of Native American plaintiffs’ equal protection claim because they alleged that “the defendants discriminatorily refused to provide police protection because the plaintiffs are Native American”
  • “[C]ourts grant special deference to the executive branch in the performance of the ‘core’ executive function of deciding whether to prosecute.”
  • “[A] plaintiff alleging a claim of selective prosecution . . . must plead and establish the existence of similarly situated individuals who were not prosecuted.”
  • “Plaintiffs will, of course, be required to substantiate their claim that [the discriminatory application of the neutral policy] . . . was motivated by racial discrimination”
  • allegations of similarly situated individuals required for selective prosecution claim because \courts grant special deference to the executive branch in the performance of the 'core' executive function of deciding whether to prosecute\

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.