•  
  •  
 

Abstract

This Note discusses the Eighth Circuit’s decision in Klinger v. Department of Corrections and will argue that its conclusion rested on a fundamental misapplication of the standards enunciated by the United States Supreme Court for the analysis of gender-based equal protection claims under the Fourteenth Amendment. Part II presents the background of the Klinger decision specifically and the position of incarcerated women generally. Parts III and IV discuss the scrutiny standard applicable to equal protection claims based on gender discrimination and conclude that the Eighth Circuit was wrong to dismiss the plaintiffs’ claims without applying the appropriate level of scrutiny. Part V discusses the Eighth Circuit’s imposition of a threshold standard, mandating that plaintiffs prove that they are similarly situated to male prisoners. Part VI discusses the Eighth Circuit’s alternate holding that even if women prisoners are similarly situated to male prisoners, the classification was not facially invalid and thus plaintiffs must prove intentional discrimination. Finally, Part VII will analyze the impact the Eighth Circuit’s opinion has had on subsequent equal protection litigation.

Share

COinS