The following excerpt is from Sessing v. Beard, Case No. 1:13-cv-01684-LJO-MJS (PC) (E.D. Cal. 2015):
Plaintiff complains he was treated differently from American Indian religious adherents who had access to an outdoor worship area with a fire pit. To state an equal protection claim under disparate treatment theory, Plaintiff must allege that: (1) he is a member of an identifiable class; (2) he was intentionally treated differently from others similarly situated; and (3) there is no rational basis for the difference in treatment. Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000).
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