Olech permits a claim where a plaintiff was intentionally treated differently from similarly situated persons without rational basis. Engquist barred the theory in public employment contexts.
Comparator evidence is essential.
Alternative Names:
Class-of-One|Individual Equal Protection Claim
Why it Matters?
Comparator identification is the recurring defense point, since the plaintiff must identify persons similarly situated in all material respects and courts apply that requirement strictly, which defeats most claims where the alleged comparators differed in any relevant particular. Engquist's public employment bar eliminates the theory entirely in that context, which is a threshold defense worth confirming before analyzing comparators.
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Frequently asked questions
What defeats most class of one claims?
Where is the theory unavailable?
