Class-of-one criterion met in complaint

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 23, 2017 1:41 PM

The requirements for a class-of-one equal protection claim remain unclear. Sitting en banc in a 2012 case that ended with a tie vote on whether to affirm the dismissal of a class-of-one complaint, the 7th U.S. Circuit Court of Appeals split three ways.“The crux of the disagreement” between Judge Frank H. Easterbrook’s concurring opinion, Judge Richard A. Posner’s plurality opinion and Judge Diane P. Wood’s dissent in Del Marcelle v. Brown County Corp., 680 F.3d 887 (7th Cir. 2012) (en banc …

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