Loading...
Irrationality and animus in class-of-one equal protection cases
Araiza, William D.
Araiza, William D.
Author(s)
Author(s) (Additional)
Illustrator(s)
Producer(s)
Contributor(s)
Contributor(s) (Other)
Editor(s)
Advisor(s)
Contact(s)
Data Collector(s)
Keywords
Collections
Files
Research Projects
Organizational Units
Journal Issue
Online Access
Abstract
"Village of Willowbrook v. Olech,1 decided by the Supreme Court in 2000, is a small case that potentially says much about basic issues in the law of the Equal Protection Clause. 2 In a remarkably short per curiam opinion,3 the Court in Olech decided that a landowner engaged in a spat with a municipality could bring an equal protection claim without asserting either the deprivation of a fundamental right or discrimination based on membership in a large class, such as one defined by race. Olech held that a person could bring an equal protection claim simply by asserting that she herself, as a “class of one,” was intentionally treated differently from relevantly similar individuals and that that treatment was irrational. Importantly, the Court explicitly did not require the plaintiff to allege animus or ill will on the part of the government defendant. All it required was intentionally different treatment lacking a rational basis." (p. 1)
Note(s)
Topic
Type
Article
Date
2007
Identifier
ISBN
DOI
Copyright/License
With permission of the license/copyright holder