What is the test for an equal protection claim?

MultiRegion, United States of America

The following excerpt is from Brady v. Town of Colchester, 863 F.2d 205 (2nd Cir. 1988):

As the district court correctly noted, the equal protection clause "is essentially a direction that all persons similarly situated should be treated alike." City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 439, 105 S.Ct. 3249, 3254, 87 L.Ed.2d 313 (1985). To state an equal protection claim, a plaintiff must charge a governmental officer "not only with deliberately interpreting a statute against the plaintiff, but also with singling him out alone for that misinterpretation." Burt v. City of New York, 156 F.2d 791, 792 (2d Cir.1946). The district court found that, while appellants had adequately stated an equal protection claim, they failed to identify any evidence in the record to support the claim.

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