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SWANSON v. CITY OF CHETEK

No. 10-1658.

719 F.3d 780 (2013)

Karl SWANSON and Kathy Wietharn, Plaintiffs-Appellants, v. CITY OF CHETEK, a municipal corporation, and Jerry Whitworth, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 19, 2013.

Attorney(s) appearing for the Case

Allen Steven Porter (argued), Attorney, Madison, WI, Dwight L. Pringle (argued), Attorney, for Plaintiffs-Appellants.

Joel L. Aberg (argued), Attorney, Weld, Riley, Prenn & Ricci, S.C., Eau Claire, WI, for Defendants-Appellees.

Before CUDAHY, ROVNER, and TINDER, Circuit Judges.

CUDAHY, Circuit Judge.

This is a case about a class-of-one equal protection claim in which the plaintiff has demonstrated hostility, but may have failed to identify a similarly situated individual who received more favorable conduct. The magistrate judge granted summary judgment for defendants because, though there was evidence of animus, there was no similarly situated individual. Because animus is the very basis of a class-of-one claim, we reverse.

Karl...

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