Federal 7th Circuit Court
Civil Court
Equal Protection Class-of-One
Plaintiff filed a lawsuit against the City of Aurora claiming an equal protection violation under a “class of one” theory and breach of contract based on the plaintiff’s belief that the defendant gave plaintiff’s competitor a better contract and excused it from complying with certain requirements. The district court granted summary judgment to the defendant and plaintiff appealed. The Seventh Circuit affirmed, explaining that when a company complains about the terms of its lease or contract, without any class-based allegations, the company cannot seek recourse through a class-of-one claim under the Equal Protection Clause and that plaintiff did not meet the requirements to bring a breach of contract claim. (KIRSCH and KOLAR, concurring)