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A.N. v. Syling, 928 F.3d 1191 (10th Cir. July 8, 2019)

Jul 8, 2019

Police officer defendants appealed the district court’s denial of their motion to dismiss the plaintiff’s class-of-one equal protection claim on the basis of qualified immunity.  The Tenth Circuit rejected the defendants’ argument that the plaintiff had failed to establish a violation of clearly established law because, even though there was no factually similar precedent, the claim fell within the category of cases for which the United States Supreme Court has held that general rules of clearly established law can suffice.  Specifically, “the clearly established rule prohibiting intentional, arbitrary and unequal treatment of similarly situated individuals under the law applies with obvious clarity to Defendants’ alleged actions and policy of discriminating between [the plaintiff] and other” similarly situated individuals.”