Can a sex offender make an equal protection claim?

Furthermore, "an equal protection claim can in some circumstances be sustained even if the plaintiff has not alleged class-based discrimination, but instead claims that [he] has been irrationally singled out as a so-called 'class of one.'" Engquist v. Or. Dep't of Agr., 553 U.S. 591, 601 (2008). To prevail on a "class of one" equal protection claim, plaintiff must establish that defendants have "intentionally treated [him] differently from others similarly situated and that there is no rational basis for the difference in treatment." Id. (citation omitted).

Here, plaintiff has not stated a facially plausible equal protection claim. For one, "sex offenders do not comprise a suspect class" for equal protection purposes. Litmon v. Harris, 768

Page 18