22 F. Supp. 2d 1097 - Sutton v. Stewart’s Empirical Analysis

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Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although courts have found that “proof of discriminatory motive ... can in some situations be inferred from the mere fact of differences in treatment,” International Brotherhood of Teamsters v. United States, 431 U.S. 324 , 335 n. 15, 97 S.Ct. 1843 , 52 L.Ed.2d 396 . (1977); see also Sischo-Nownejad v. Merced Community College Dist., 934 F.2d 1104 , 1112 (9th Cir.1991) (quoting same), Plaintiff has neither demonstrated that he was treated differently from those similarly situated nor provided corroborating evidence of discrimination that, in previous cases, has supported the inference that a defendant acted from discriminatory motives. See, e.g., Freeman, [ 125 F.3d 732 , 738 n. 6 (9th Cir.1997) ] (noting that abusive epithets may be evidence of intentional discrimination); Sischo-Nownejad, 934 F.2d at 1112 (“The fact that stereotyped remarks were made by [Plaintiffs] superiors at the same time they were subjecting her to less favorable working conditions is sufficient to raise an inference of discriminatory intent.”). In this case, there is no evidence of discriminatory treatment or discriminatory motive.”

   1 later decision quote this exact passage · from the majority
   e.g. Lewis v. City of Fresno