D.B. v Kopp

Dist. Ct. did not err in granting defendants-social service officials’ motion to dismiss plaintiff’s section 1983, class-of-one equal protection claim in which plaintiff alleged that defendants initiated aggressive investigation that resulted in merit-less first-degree sexual assault charge against six-year-old plaintiff based on incident in which plaintiff and five-year-old twins were playing “doctor” by touching each other’s bare buttocks. Plaintiff noted that criminal charges were eventually dropped and asserted that political favoritism played role in defendants’ decision to file charges only against plaintiff and not twins, who admitted to same conduct. However, instant complaint also alleged objective rationale for said disparate treatment that defeated any chance of plaintiff obtaining judgment against defendants under equal protection theory, i.e, that sole adult witness to incident had observed plaintiff’s conduct and not conduct of twins.