607 F. App'x 101 - Abramson v. Gettel’s Empirical Analysis

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The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the Equal Protection Clause is most. commonly used to bring claims alleging discrimination based on mem bership -in a protected class, a plaintiff who does not allege membership in a protected class may, nonetheless, bring a “class of one” equal protection claim. A class-of-one claim exists where the plaintiff alleges that he has been intentionally treated differently .from others similarly situated and that there is no rational basis for the difference in treatment. To state a claim) a plaintiff must identify at least one individual with whom he can be compared. There must be an extremely high degree of similarity between the proposed coht-parator and the plaintiff such that an inference can be dmwn'that the plaintiff was intentionally singled out for reasons that so lack any reasonable nexus with a legitimate governmental policy that an improper purpose — whether personal or otherwise — is all but certain. Accordingly, to succeed on a class-of-one claim, a plaintiff must establish that (i) no rational person could regard the circumstances of the plaintiff to differ from those of a comparator to a degree that would justify the differential treatment on the basis of a legitimate government policy; and (ii) the sirhilarity in circumstances and difference 'in treatment are sufficient to exclude the possibility that the defendants acted on- the basis of mistake. ' -• Thus, to state a claim that will pass muster under Rule 12(b)(6), [plaintiffs] must plausibly allege tha”

   1 later decision quote this exact passage
   e.g. 149 F. Supp. 3d 413 - Kabrovski v. City of Rochester