Karl Swanson v. Jerry Whitworth
Court of Appeals for the Seventh Circuit
1Opinion of the Court
CUDAHY, Circuit Judge.
This is a case about a class-of-one equal protection claim in which the plaintiff has demonstrated hostility, but may have failed to identify a similarly situated individual who received more favorable conduct. The magistrate judge granted summary judgment for defendants because, though there was evidence of animus, there was no similarly situated individual. Because animus is the very basis of a class-of-one claim, we reverse.
Karl Swanson purchased a lakeside home in Chetek, Wisconsin. He and Kathy Wietharn live together, but Wietharn holds no ownership interest in the…
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