Analytical Diagnostic Labs, Inc. v. Kusel
Court of Appeals for the Second Circuit
1Opinion of the Court
POOLER, Circuit Judge:
This case presents a class-of-one equal protection claim by plaintiff Analytical Diagnostic Labs, Inc. (“ADL”). ADL alleges that defendants — employees of the New York State Department of Health (“DOH”) — intentionally and maliciously subjected ADL to an intense and unwarranted degree of regulatory scrutiny. ADL appeals from the September 11, 2008 memorandum decision and order of the United States District Court for the Eastern District of New York (Cogan, /.). The district court, relying on the Supreme Court’s decision in Engquist v. Oregon Dep’t of Agriculture, 553…
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