Equal Protection for Non-Suspect Class Victims of Governmental Misconduct: Theory and Proof of Disparate Treatment and Arbitrariness Claims

This article provides an overview of cases exploring non-traditional equal protection principles. In particular, it outlines Esmail v. Macrane, a decision of the Seventh Circuit Court of Appeals. Esmail better explains how equal protection is not limited to suspect classes, but applies to all individuals regardless of race, gender or other classification. The article also explores other equal protection theories such as selective enforcement, disparate treatment and gross abuse of power cases.

Finally, this article develops a practical proof analysis to illustrate what can be offered to demonstrate improper intent for purposes of establishing an equal protection violation.