Grace Olech v. Vill. of Willowbrook, 160 F.3d 386 (7th Cir. 1998). · Go Syfert
Grace Olech v. Vill. of Willowbrook, 160 F.3d 386 (7th Cir. 1998). Cases Citing This Book View Copy Cite
112 citation events (83 in the last 25 years) across 29 distinct courts.
Strongest positive: Highland Development, Inc. v. Duchesne County (utd, 2007-03-02)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Highland Development, Inc. v. Duchesne County
D. Utah · 2007 · quote attribution · 1 verbatim quote · confidence high
a tincture of ill will does not invalidate governmental action.
examined Cited as authority (verbatim quote) Montante v. Wissahickon School District (2×) also: Cited as authority (rule)
E.D. Pa. · 2005 · quote attribution · 1 verbatim quote · confidence high
if the defendant would have taken the complained-of action anyway, even if it didn't have the animus, the animus would not condemn the action; a tincture of ill will does not invalidate governmental action.
discussed Cited as authority (rule) Safari Childcare Inc v. Penny
N.D. Ill. · 2024 · confidence medium
Courts only sustain such claims on “rare occasions.” Hammond, 107 F.4th at 698 , namely “to avoid turning every squabble over municipal services, of which there must be tens or even hundreds of thousands every year, into a federal constitutional case.” Brunson v. Murray, 843 F.3d 698, 708 (7th Cir. 2016) (quoting Olech v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir. 1998), aff'd, 528 U.S. 562 (2000)) (internal quotation marks omitted).
discussed Cited as authority (rule) Conner v. Alltin LLC
N.D. Miss. · 2021 · confidence medium
The district court dismissed the lawsuit for failure to state a cognizable claim under the Equal Protection Clause, but the Seventh Circuit reversed, holding that a plaintiff can allege an equal protection violation by asserting that state action was motivated solely by a “spiteful effort to ‘get’ him for reasons wholly unrelated to any legitimate state objective.” 160 F.3d 386, 387 (1998) (quoting Esmail v. Macrane, 53 F.3d 176, 180 (C.A.7 1995)).
discussed Cited as authority (rule) James Brunson v. Scott Murray
7th Cir. · 2016 · confidence medium
Brunson, supported by Mendenhall’s affidavit, paints a clear picture of the motive for this pattern of behavior: Schauf had a number of personal interests adverse to Brunson’s store, and he sought to harass Brunson to drive him out of business, Brunson has offered evidence of substantial animus and a continuing misuse of power by government agents akin to an “orchestrated campaign of official harassment motivated by sheer malice” that we have said is sufficient (though it may not be necessary) to support an equal protection claim, Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th…
discussed Cited as authority (rule) Lundeen v. Rhoad
S.D. Ind. · 2014 · confidence medium
To succeed, a plaintiff must show that the government is treating unequally those individuals who are prima facie identical in all relevant respects, see id., and that the cause of the differential treatment is a “totally illegitimate animus toward the plaintiff by the defendant.” Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998), judgment affirmed on other grounds, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000).
discussed Cited as authority (rule) Wagner v. Jones
S.D. Iowa · 2013 · confidence medium
Though the district court dismissed the case, the Seventh Circuit Court of Appeals reversed, “holding that a plaintiff can allege an equal protection violation by asserting that state action was motivated solely by a ‘spiteful effort to get him for reasons wholly unrelated to any legitimate state objective.’ ” Id. at 564 , 120 S.Ct. 1073 (quoting Olech v. Village of Willowbrook, 160 F.3d 386, 387 (7th Cir.1998) (other internal quotation marks and citations omitted)).
discussed Cited as authority (rule) Brace v. County of Luzerne
M.D. Penn. · 2012 · confidence medium
Dist., 399 F.Supp.2d 615, 621 (E.D.Pa.2005) (citing Crowley v. McKinney, 400 F.3d 965, 972 (7th Cir.2005); Nevel v. Village of Schaumburg, 297 F.3d 673, 681 (7th Cir.2002); Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998)).
discussed Cited as authority (rule) City of Indianapolis v. Armour (2×)
Ind. · 2011 · confidence medium
E.g., Olech v. Vill. of Willowbrook, 160 F.3d 386, 387-88 (7th Cir.1998) (Posner, C.J.), aff'd on other grounds, Olech, 528 U.S. at 565 , 120 S.Ct. 1073 ; see also Esmail v. Macrane, 53 F.3d 176, 178-79 (7th Cir.1995) (Posner, C.J.).
discussed Cited as authority (rule) N Group LLC v. Hawai'i County Liquor Commission
D. Haw. · 2009 · confidence medium
The Seventh Circuit reversed, “holding that a plaintiff can allege an equal protection violation by asserting that state action was motivated solely by a ‘spiteful effort to “get” him for reasons wholly unrelated to any legitimate state objective.’ ” Id. at 564 , 120 S.Ct. 1073 (quoting 160 F.3d 386, 387 (7th Cir.1998)). *1230 The Supreme Court affirmed on different grounds.
discussed Cited as authority (rule) Philadelphia Housing Authority v. United States Dept. of Housing & Urban Development
E.D. Pa. · 2008 · confidence medium
Olech v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998) (“If the defendant would have taken the complained-of action anyway, even if it *439 didn’t have the animus, the animus would not condemn the action; a tincture of ill will does not invalidate governmental action.”), affirmed 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000) (per curiam); see also Montanye v. Wissahickon Sch.
discussed Cited as authority (rule) Meer v. Graham
N.D. Ill. · 2007 · confidence medium
Since Meer has not alleged that he is a member of a protected class, he must proceed under a “class of one” theory, and show that he was treated differently from everyone else based on “totally illegitimate animus.” Olech v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998).
discussed Cited as authority (rule) Jackson v. City of Chicago
N.D. Ill. · 2007 · confidence medium
“Although the [Equal Protection] clause is more commonly invoked on behalf of a person who either belongs to a vulnerable minority or is harmed by an irrational difference in treatment, it can also be invoked ... by a person who can prove that ‘action taken by the state, whether in the form of prosecution or otherwise, was a spiteful effort to ‘get’ him for reasons *750 wholly unrelated to any legitimate state objective.’ ” Olech v. Vill. of Willowbrook, 160 F.3d 386, 387 (7th Cir.1998) (quoting Esmail v. Macrane, 53 F.3d 176, 180 (7th Cir.1995)) aff'd Vill. of Willowbrook v. Olech…
discussed Cited as authority (rule) Smith, Ed H. v. City of Chicago
7th Cir. · 2006 · confidence medium
Id.; see also Bell v. Duperrautt, 367 F.3d 703, 708 (7th Cir.2004); Schroeder, 282 F.3d at 950-51 ; Martin, 295 F.3d at 712-13; Hilton, 209 F.3d at 1007-08 ; Olech v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998), aff'd, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000) (per curiam); Esmail v. Macrane, 53 F.3d 176, 180 (7th Cir.1995).
discussed Cited as authority (rule) Jicarilla Apache Nation v. Rio Arriba County
10th Cir. · 2006 · confidence medium
See Barstad v. Murray County, 420 F.3d 880, 887 (8th Cir.2005); Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998) (“[A] tincture of ill will does not invalidate governmental action.”), aff'd Olech, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000).
discussed Cited as authority (rule) Hicks v. Jackson County Commission
N.D. Ala. · 2005 · confidence medium
That is because the Court of Appeals found that in this case respondent had alleged an extra factor as well — a factor that the Court of Appeals called "vindictive action,” "illegitimate animus,” or "ill will.” 160 F.3d 386, 388 (C.A.7 1998).
discussed Cited as authority (rule) Lunini v. Grayeb
7th Cir. · 2005 · confidence medium
If it refuses to perform this obligation for one of the residents, for no other reason than a baseless hatred, then it denies that resident the equal protection of the laws." 160 F.3d 386, 388 (7th Cir.1998).
discussed Cited as authority (rule) Lunini, Joseph A. v. Grayeb, Charles V.
7th Cir. · 2005 · confidence medium
If it refuses to perform this obligation for one of the residents, for no other reason than a baseless hatred, then it denies that resident the equal protection of the laws.” 160 F.3d 386, 388 (7th Cir.1998).
discussed Cited as authority (rule) Jennings v. City of Stillwater
10th Cir. · 2004 · confidence medium
Justice Breyer concurred in the judgment because the plaintiffs claims were actionable specifically because they alleged that city officials took “vindictive action” acting with “illegitimate animus” and “ill will.” Id., quoting Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998).
discussed Cited as authority (rule) Mark Bell v. Tere Duperrault (2×)
7th Cir. · 2004 · confidence medium
The Court in Olech was affirming a decision of this court in which we had said that a plaintiff in a class-of-one case has to prove “that the cause of the differential treatment of which [he] complains was a totally illegitimate animus toward the plaintiff by the defendant.” 160 F.3d 386, 388 (7th Cir.1998).
discussed Cited as authority (rule) Bell, Mark v. Duperrault, Tere
7th Cir. · 2004 · confidence medium
The Court in Olech was affirming a decision of this court in which we had said that a plaintiff in a class-of-one case has to prove “that the cause of the differential treatment of which [he] complains was a totally illegitimate animus toward the plaintiff by the defendant.” 160 F.3d 386, 388 (7th Cir. 1998).
cited Cited as authority (rule) Ex Parte McCord-Baugh
Ala. · 2004 · confidence medium
Olech v. Village of Willowbrook, 160 F.3d 386, 387 (7th Cir.1998).
discussed Cited as authority (rule) Lunini v. Grayeb (2×) also: Cited "see"
C.D. Ill. · 2004 · confidence medium
Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998) aff'd, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000).
discussed Cited as authority (rule) Vineyard Christian Fellowship of Evanston, Inc. v. City of Evanston
N.D. Ill. · 2003 · confidence medium
Further, interpreting this jurisprudence in the context of an equal protection challenge to *976 municipal land use decisions, our Court of Appeals has explained: “Absent a fundamental right or a suspect class, to demonstrate a viable equal protection claim in the land-use context, the plaintiff must demonstrate ‘governmental action wholly impossible to relate to legitimate governmental objectives.’ ” Forseth v. Village of Sussex, 199 F.3d 363, 370-71 (7th Cir.2000), citing Esmail v. Macrane, 53 F.3d 176, 180 (7th Cir.1995) and Olech v. Village of Willowbrook, 160 F.3d 386, 387-88 (7th…
discussed Cited as authority (rule) Patterson v. American Fork City
Utah · 2003 · confidence medium
A showing of "uneven" enforcement of the law is not sufficient: what is required is a showing of a " 'totally illegitimate animus toward the plaintiff by the defendant." Albiero v. City of Kankakee, 246 F.3d 927, 932 (7th Cir.2001) (quoting Olech v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998), aff'd on other grounds, 528 U.S 562).
discussed Cited as authority (rule) Wal-Mart Stores, Inc. v. Rodriguez (2×)
D.P.R. · 2002 · confidence medium
Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998); Rubinovitz v. Rogato, 60 F.3d 906, 911 (1st Cir.1995).
discussed Cited as authority (rule) Albiero, Ernest F. v. City of Kankakee
7th Cir. · 2001 · confidence medium
To prevail, the plaintiff must demonstrate that the government is treating unequally those individuals who are prima facie identical in all relevant respects, see id., and that the cause of the differential treatment is a “totally illegitimate animus toward the plaintiff by the defendant.” Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998), aff'd. on other grounds, 528 U.S. at 565 , 120 S.Ct. 1073 .
discussed Cited as authority (rule) Albiero v. City Of Kankakee
7th Cir. · 2001 · confidence medium
To prevail, the plaintiff must demonstrate that the government is treating unequally those individuals who are prima facie identical in all relevant respects, see id., and that the cause of the differential treatment is a "totally illegitimate animus toward the plaintiff by the defendant." Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir. 1998), aff'd on other grounds, 528 U.S. at 565 .
discussed Cited as authority (rule) Pariseau v. City of Brockton (2×) also: Cited "see, e.g."
D. Mass. · 2001 · confidence medium
Otherwise, there would be a viable equal protection claim whenever differential treatment was the result of “prosecutorial discretion honestly (even if ineptly—even if arbitrarily) exercised.” Id. at 565 , 120 S.Ct. 1073 - (Breyer, J. concurring) (quoting Oleeh v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998) (discussing Esmail v. Macrane, 53 F.3d 176, 179 (7th Cir.1995) (involving a spiteful denial of a renewal of a liquor license))).
discussed Cited as authority (rule) Zavatsky v. Anderson
D. Conn. · 2001 · confidence medium
In Willowbrook, the Supreme Court reviewed what the Seventh Circuit characterized as a "vindictive action equal protection case.” See Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998).
cited Cited as authority (rule) Olech v. Village of Willowbrook
N.D. Ill. · 2000 · confidence medium
Olech v. Village of Willowbrook, 160 F.3d 386, 388-89 (7th Cir.1998).
discussed Cited as authority (rule) Albiero v. CITY OF KANKAKEE, ILL.
C.D. Ill. · 2000 · confidence medium
In Esmail , the Seventh Circuit held “that the equal protection clause provides a remedy when a ‘powerful public official picked on a person out of sheer vindictiveness.’ ” Olech v. Village of Willowbrook, 160 F.3d 386, 387 (7th Cir.1998), affd in Village of Willowbrook v. Olech, — U.S. —, 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000) (quoting Esmail, 53 F.3d at 178 ).
examined Cited as authority (rule) Village of Willowbrook v. Olech (4×)
SCOTUS · 2000 · confidence medium
Relying on Circuit precedent, the Court of Appeals for the Sev enth Circuit reversed, holding that a plaintiff can allege an equal protection violation by asserting that state action was motivated solely by a “ ‘spiteful effort to “get” him for reasons wholly unrelated to any legitimate state objective.’” 160 F. 3d 386, 387 (1998) (quoting Esmail v. Macrane, 53 F. 3d 176, 180 (CA7 1995)).
discussed Cited as authority (rule) Geddes v. County of Kane
N.D. Ill. · 2000 · confidence medium
The Geddeses can therefore succeed if they can prove that the zoning was a “governmental action wholly impossible to relate to legitimate governmental objectives.” Olech v. Village of Willowbrook, 160 F.3d 386, 387-88 (7th Cir.1998).
discussed Cited as authority (rule) Torres v. Frias
N.D. Ill. · 1999 · confidence medium
To prevail on a selective prosecution claim, plaintiff must prove that the “action taken by the state ... was a spiteful effort to ‘get’ him for reasons wholly *943 unrelated to any state objective.” Plaintiff must offer “proof that the cause of the differential treatment ... was a totally illegitimate animus toward the plaintiff by the defendant.” Olech v. Village of Willowbrook, 160 F.3d 386, 387 (7th Cir.1998).
discussed Cited as authority (rule) Discovery House, Inc. v. Consolidated City of Indianapolis
N.D. Ind. · 1999 · confidence medium
See id. at 519-20 (citing Shango v. Jurich, 681 F.2d 1091, 1104 (7th Cir.1982)); see also City of Cleburne, Texas v. Cleburne Living Center, 473 U.S. 432 , 446^7, 105 S.Ct. 3249 , 3258 87 L.Ed.2d 313 (1985) (“some objectives— such as ‘a bare ... desire to harm a politically unpopular group,’ [ ]—are not legitimate state”)(internal citation omitted); Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998) (“[standing by itself ... uneven law enforcement ... constitutionally innocent” (emphasis added)).
discussed Cited as authority (rule) Masi Management, Inc. v. Town of Ogden
N.Y. Sup. Ct. · 1999 · confidence medium
(Compare, Futernick v Sumpter Twp., 78 F3d 1051 , 1058 [6th Cir 1996], cert denied 519 US 928 [1996] [“it would be unwise to adopt the often-stated, but never-used, rule of the First and Second Circuits” because the Supreme Court “mentions only arbitrary classifications as a basis for selective enforcement liability”, and “choosing to enforce the law against a particular individual is (not) a ‘classification’ as that term is normally understood”], citing Oyler v Boles, 368 US 448, 456 [1962], and Wayte v United States, 470 US 598, 608, n 10 [1985], with the Second Circuit cases…
cited Cited "see" Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · signal: see · confidence high
See Olech v. Village of Willowbrook, 160 F.3d 386 , 387–88 (7th Cir. 1998).
cited Cited "see" Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · signal: see · confidence high
See Olech v. Village of Willowbrook, 160 F.3d 386 , 387–88 (7th Cir. 1998).
cited Cited "see" Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · signal: see · confidence high
See Olech v. Village of Willowbrook, 160 F.3d 386 , 387–88 (7th Cir. 1998).
cited Cited "see" Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · signal: see · confidence high
See Olech v. Village of Willowbrook, 160 F.3d 386 , 387–88 (7th Cir. 1998).
cited Cited "see" Del Marcelle v. Brown County Corp.
7th Cir. · 2012 · signal: see · confidence high
See id. at 387 .
cited Cited "see" Griffin Industries, Inc. v. Irvin
11th Cir. · 2007 · signal: see · confidence high
Id. at 563-64 , 120 S.Ct. 1073 ; see Olech v. Vill. of Willowbrook, 160 F.3d 386, 387-88 (7th Cir.1998), aff'd, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 .
cited Cited "see" B & B Coastal Enterprises, Inc. v. Demers
D. Me. · 2003 · signal: see · confidence high
See Wal-Mart, 238 F.Supp.2d at 417 (citing Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998); Rubinovitz v. Rogato, 60 F.3d 906, 911 (1st Cir.1995)).
cited Cited "see" Toomer v. Garrett
N.C. Ct. App. · 2002 · signal: see · confidence high
See Olech v. Willowbrook, 160 F.3d 386, 387 (7th Cir. 1998).
cited Cited "see" Montgomery v. Anderson
7th Cir. · 2001 · signal: see · confidence high
See Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998), aff'd, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000).
cited Cited "see" Greenspring Racquet Club, Inc. v. Baltimore County
D. Maryland · 1999 · signal: see · confidence high
See Olech v. Village of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998), ce rt. granted, - U.S. -, 120 S.Ct. 10 , 144 L.Ed.2d 841 (1999).
discussed Cited "see, e.g." Bezingue v. Steuben Lakes Regional Waste District
N.D. Ind. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Olech v. Vill. of Willowbrook, 160 F.3d 386, 387 (7th Cir. 1998) (plaintiff alleged that disparate treatment due to prior lawsuit filed by plaintiff against defendant).
discussed Cited "see, e.g." Srail v. Village of Lisle, Ill.
7th Cir. · 2009 · signal: compare · confidence medium
Compare Hilton v. City of Wheeling, 209 F.3d 1005, 1008 (7th Cir.2000) (“We described the class of equal protection cases illustrated by Olech as ‘vindictive action’ cases and said that they require ‘proof that the cause of the differential treatment of which the plaintiff complains was a totally illegitimate animus toward the plaintiff by the defendant.’” (quoting Olech v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir.1998), aff'd, 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000))), with Lunini v. Grayeb, 395 F.3d 761 , 768 (7th Cir.2005) (“We have recognized on severa…
discussed Cited "see, e.g." Susan Srail v. Village of Lisle, Illinois
7th Cir. · 2009 · signal: compare · confidence medium
Compare Hilton v. City of Wheeling, 209 F.3d 1005 , Nos. 08-3206 & 09-1049 7 1008 (7th Cir. 2000) (“We described the class of equal protection cases illustrated by Olech as ‘vindictive ac- tion’ cases and said that they require ‘proof that the cause of the differential treatment of which the plaintiff com- plains was a totally illegitimate animus toward the plaintiff by the defendant.’ ” (quoting Olech v. Vill. of Willowbrook, 160 F.3d 386, 388 (7th Cir. 1998), aff’d, 528 U.S. 562 (2000))), with Lunini v. Grayeb, 395 F.3d 761 , 768 (7th Cir. 2005) (“We have recognized on severa…
Retrieving the full opinion text from the archive…
Grace OLECH, Plaintiff-Appellant,
v.
VILLAGE OF WILLOWBROOK, Et Al., Defendants-Appellees
98-2235.
Court of Appeals for the Seventh Circuit.
Nov 12, 1998.
160 F.3d 386
1998 U.S. App. LEXIS 28387
1998 WL 787224
John R. Wimmer (argued), Downers Grove, IL, for Plaintiff-Appellant., James L. DeAno (argued), Norton, Mancini, Argentati, Weiler & Deano, Wheaton, IL, for Defendants-Appellees.
Posner, Cummings, Eschbach.
Cited by 75 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Third Circuit (1)
POSNER, Chief Judge.

In Esmail v. Macrane, 53 F.3d 176 (7th Cir.1995), we held that the equal protection clause provides a remedy when “a powerful public official picked on a person out of sheer vindictiveness.” Id. at 178. Although the clause is more commonly invoked on behalf of a person who either belongs to a vulnerable minority or is harmed by an irrational difference in treatment, it can also be invoked, we held, by a person who can prove that “action taken by the state, whether in the form of prosecution or otherwise, was a spiteful effort to ‘get’ him for reasons wholly unrelated to any legitimate state objective.” Id. at 180. See also Indiana State Teachers Ass’n v. Board of School Commissioners, 101 F.3d 1179, 1181-82 (7th Cir.1996); Ciechon v. City of Chicago, 686 F.2d 511, 522-24 (7th Cir.1982); Batra v. Board of Regents, 79 F.3d 717, 721-22 (8th Cir.1996); Yerardi’s Moody Street Restaurant & Lounge, Inc. v. Board of Selectmen, 932 F.2d 89, 94 (1st Cir.1991); LeClair v. Saunders, 627 F.2d 606, 609-10 (2d Cir.1980). Grace Olech brought suit against the Village of Willow-brook and two of its high officials in reliance on Esmail’s principle and was tossed out on the defendants’ Rule 12(b)(6) motion on the ground that the facts pleaded in her complaint did not fit the mold of Esmail.

Olech and her husband, now deceased, used to get their water from a well on their property. But the well broke down and they asked the Village of Willowbrook, where their property is located, to connect their home to the municipal water system. The Village agreed, but besides requiring the Olechs to pay the cost of the hook up (which apparently is a standard requirement and one with which they complied without complaining) told them they would have to grant the Village not the customary 15-foot easement to enable servicing of the water main but a 33-foot easement to permit the Village to widen the road on which they live. The Olechs refused, and after three months the Village relented, acceded to the smaller easement, and hooked up the water. But meanwhile 'the Olechs had been without water and as a consequence suffered various types of damage for which they seek redress in this suit.

So far in our recitation of the allegations of the complaint there is nothing to suggest a denial of equal protection. But the complaint goes on to allege that the defendants’ motivation for insisting on the nonstandard easement was the fact that the Olechs earlier had sued the Village, and obtained damages, for flood damage caused by the Village’s negligent installation and enlargement of culverts located near the Olechs’ property. See Zimmer v. Village of Willowbrook, 242 Ill.App.3d 437, 182 Ill.Dec. 840, 610 N.E.2d 709, 712 (Ill.App.1993). The complaint alleges that the lawsuit generated “substantial ill will” that caused the Village to depart from its normal policy of demanding only a 15-foot easement in exchange for providing municipal water and instead to decide to pave over a chunk of the Olechs’ property. A letter is cited in which the Village’s lawyer conceded, after the Village had backed down and agreed to require only the 15-foot easement,[*388] that that easement “will be sufficient to install the water main. This is consistent with Village policy regarding all other property in the Village.” For three months the Olechs had been treated differently, to their detriment, from all other property owners in the Village only because their meritorious suit against the Village had angered Village officials. These are just allegations and may be false. But as the defendants acknowledge, we must assume they are true for purposes of this appeal. The defendants have yet to file an answer or any other pleading that denies any fact alleged in the complaint.

Nevertheless the district judge granted the defendants’ motion to dismiss because the complaint didn’t allege an “orchestrated campaign of'official harassment” motivated by “sheer malice,” quoting our opinion in Esmail. 53 F.3d at 179. Nothing in the Esmail opinion, however, suggests a general requirement of “orchestration” in vindictive-action equal protection cases, let alone a legally significant distinction between “sheer malice” and “substantial ill will,” if, as alleged here, the ill will is the sole cause of the action of which the plaintiff complains. Esmail was complaining that he had been denied liquor licenses on the basis of trivial infractions for which no other applicant had ever been denied a license. Standing by itself, this difference in treatment would not have been a denial of equal protection, but merely an example of uneven law enforcement, than which nothing is more common nor, in the usual case, constitutionally innocent. E.g., Oyler v. Boles, 368 U.S. 448, 456, 82 S.Ct. 501, 7 L.Ed.2d 446 (1962); Esmail v. Macrane, supra, 53 F.3d at 179; Falls v. Town of Dyer, 875 F.2d 146, 148-49 (7th Cir.1989); Hameetman v. City of Chicago, 776 F.2d 636, 641 (7th Cir.1985). The plaintiff had to and did allege that the denial of his applications was the result not of prosecutorial discretion honestly (even if ineptly — even if arbitrarily) exercised but of an illegitimate desire to “get” him because of lawful actions by him that had aroused the mayor’s ire. It was in that context that we pointed out that the complaint alleged much more than uneven enforcement.

The present case is not one of uneven enforcement. The Village does not deny that it has a legal obligation to provide water to all its residents. If it refuses to perform this obligation for one of the residents, for no reason other than a baseless hatred, then it denies that resident the equal protection of the laws. And that is sufficiently alleged. While it may have been important in Esmail that the plaintiff alleged an “orchestrated campaign,” it was not important here. The district judge did not try to hook up the requirement of an “orchestrated campaign” to the language or policy of the equal protection clause, and we cannot think of any hook either. Nor is it important that the oppression of the plaintiff was merely temporary. Many temporary deprivations are actionable even under provisions of the Constitution that, unlike the equal protection clause, require that the deprivation be of liberty or property. E.g., Connecticut v. Doehr, 501 U.S. 1, 15, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991); First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304, 318-19, 107 S.Ct. 2378, 96 L.Ed.2d 250 (1987); In re Special March 1981 Grand Jury, 753 F.2d 575, 580 (7th Cir.1985). And to be deprived of water for three months is a potentially more serious deprivation than many permanent deprivations that we can think of.

Of course we are troubled, as was the district judge, by the prospect of turning every squabble over municipal services, of which there must be tens or even hundreds of thousands every year, into a federal constitutional case. But bear in mind that the “vindictive action” class of equal protection cases requires proof that the cause of the differential treatment of which the plaintiff complains was a totally illegitimate animus toward the plaintiff by the defendant. If the defendant would have taken the complained-of action anyway, even if it didn’t have the animus, the animus would not condemn the action; a tincture of ill will does not invalidate governmental action. Maybe the present case can be disposed of on this or some other ground well short of trial; it cannot be disposed of on the pleadings.

And especially not on the defendants’ alternative ground, that their action was not[*389] the cause of the plaintiffs lacking water for three months. They point out that had her well not broken down, which is not contended to be their fault, she would have had an uninterrupted supply of water no matter what the Village failed to do. This is a ridiculous argument. It is like saying that if she didn’t live in the Village of Willowbrook she wouldn’t (in all likelihood) have had a water problem. That is blaming the victim with a vengeance. Every injury has a multitude of antecedent conditions. When one of them is the defendant’s culpable fault, he is not excused from liability on the ground that if some other, innocent condition hadn’t been present (such as Columbus’s discovery of America) no injury would have occurred. E.g., Movitz v. First National Bank, 148 F.3d 760, 762 (7th Cir.1998); United States v. Feliciano, 45 F.3d 1070, 1075 (7th Cir.1995); Milam v. State Farm Mutual Automobile Ins. Co., 972 F.2d 166, 169 (7th Cir.1992).

Reversed.