Summary Judgment for Defendants in Equal Protection Matter Affirmed

In Analytical Diagnostic Labs, Inc. v. Kusel, No. 08-6297, 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, the court affirmed summary judgment for defendants 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.

Related Resources

  • Full Text of Analytical Diagnostic Labs, Inc. v. Kusel, No. 08-6297

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