United States Second Circuit

In a class-of-one equal protection claim alleging that defendants, employees of the New York State Department of Health, intentionally and maliciously subjected plaintiff-clinical testing laboratory to an intense and unwarranted degree of regulatory scrutiny, summary judgment for defendant is affirmed where there was no record evidence raising a question of fact as to whether: 1) other labs were similarly situated; or 2) even assuming other labs were similarly situated, that the same decisionmakers were aware of the similarity and treated plaintiff differently.

Appellate Information

• Decided 10/04/2010
• Published 10/04/2010

Judges

• Rosemary Pooler

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David Jaroslawicz, Richard Dearing