The following excerpt is from Troy v. City of N.Y., No. 14-4000-cv (2nd Cir. 2015):
On appeal, Troy argues that the district court should have construed her complaint as raising a claim of racial, as well as sexual, discrimination because she is of a different race than her alleged assailant. She failed, however, to allege any facts supporting a plausible claim that defendants' treatment of her criminal complaint and that of her alleged assailant differed "based on impermissible consideration[]" of their races. Doninger v. Niehoff, 642 F.3d 334, 357 (2d Cir. 2011) (internal quotation marks omitted).
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