Chester A. Lauth v. Daniel L. McCollum, 424 F.3d 631 (7th Cir. 2005). · Go Syfert
Chester A. Lauth v. Daniel L. McCollum, 424 F.3d 631 (7th Cir. 2005). Cases Citing This Book View Copy Cite
“animus thus comes into play only when, no rational reason or motive being imaginable for the injurious action taken by the defendant against the plaintiff, the action would be inexplicable unless animus had motivated it.”
161 citation events (161 in the last 25 years) across 23 distinct courts.
Strongest positive: Chambers v. Village Of Oak Park (ilnd, 2024-07-03) · Strongest negative: Ferguson v. City of Rochester School District (nywd, 2007-04-19)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Ferguson v. City of Rochester School District
W.D.N.Y. · 2007 · signal: but see · confidence high
But see Lauth v. McColluin, 424 F.3d 631, 634 (7th Cir. 2005) ("declin[ing] to rule that a public em~ ployee can never maintain a class-of-one case," and opting instead "simply to remind that a plaintiff who does not belong to any `suspect' (that is, favored) class-by definition, the situation of a class-of-one plaintiff-must, to prevail, `negative any reasonably conceivable state of facts that could provide a rational basis for the classification' ") (quoting Board of Trustees v. Garrett, 531 U.S. 356, 367 , 121 S.Ct. 955 , 148 L.Ed.2d 866 (2001)).
examined Cited as authority (verbatim quote) Chambers v. Village Of Oak Park
N.D. Ill. · 2024 · quote attribution · 1 verbatim quote · confidence high
animus thus comes into play only when, no rational reason or motive being imaginable for the injurious action taken by the defendant against the plaintiff, the action would be inexplicable unless animus had motivated it.
discussed Cited as authority (verbatim quote) Lindquist v. CITY OF PASADENA, TEX. (2×) also: Cited "see"
S.D. Tex. · 2009 · quote attribution · 1 verbatim quote · confidence high
to pass muster under rationality review, the plaintiff must rule out all possible reasonable justifications for disparate treatment, not merely the justification provided by the government official.
discussed Cited as authority (rule) Christopher Mooneyham v. Granite City and Timothy Tubbs
S.D. Ill. · 2026 · confidence medium
“The classic class-of-one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive . . . comes down hard on a hapless private citizen.’” Swanson, 719 F.3d at 784 (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Tina Rose v. City of West Frankfort, Timothy C. Arview, and Thad Snell
S.D. Ill. · 2026 · confidence medium
“The classic class-of-one 10 claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive . . . comes down hard on a hapless private citizen.’” Id. at 784 (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
cited Cited as authority (rule) Israel Ruiz v. J.B. Pritzker
7th Cir. · 2025 · confidence medium
But we have held that the rational- basis test “can often be applied in advance of discovery.” Flying J, 549 F.3d at 546 (quoting Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir. 2005)).
discussed Cited as authority (rule) Williams v. County of Washington
E.D. Wis. · 2025 · confidence medium
In a typical “class of one” equal protection case, “the plaintiff does not claim to be a member of a class that the defendant discriminates against, but argues only that he is being treated arbitrarily worse than some one or ones identically situated to him.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005).
discussed Cited as authority (rule) Hansing v. Utah Department of Natural Resources
D. Utah · 2025 · confidence medium
A class-of-one equal protection claim “’is one in which a public official, with no conceivable basis for his action other than spite or some other improper motive (improper because unrelated to his public duties), comes down hard on a hapless private citizen.’” Kansas Penn Gaming, LLC v. Collins, 656 F.3d 1210, 1216 (10th Cir. 2011) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Rita v. The Village of Tinley Park, an Illinois Municipal Body
N.D. Ill. · 2024 · confidence medium
On a motion to dismiss, courts must evaluate whether “the action would be inexplicable unless animus had motivated it,” that is, the plaintiff carries the burden to “negative any reasonably conceivable state of facts that could provide a rational basis for the classification.” Scherr v. City of Chicago, 757 F.3d 593, 598 (7th Cir. 2014) (quoting Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir.2005)) (affirming the district court’s decision granting the motion to dismiss where the police had independent probable cause to search the petitioner’s home on suspicion of her growing marijua…
discussed Cited as authority (rule) Mullen v. City of Racine
E.D. Wis. · 2024 · confidence medium
“The classic class-of-one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive . . . comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Do Not Pass Go LLC v. City of Rockford
N.D. Ill. · 2024 · confidence medium
While subsequent Seventh Circuit decisions have held that “[s]ince hypothesis is not proof, this test . . . can often be applied in advance of discovery,” Flying J Inc., 549 F.3d at 546 (emphasis added) (quoting Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir. 2005)), the court does not read Wroblewski to suggest that this must always be the case.
discussed Cited as authority (rule) Mary Jane Sweet Spot, LLC v. City of Blue Island
N.D. Ill. · 2024 · confidence medium
The “classic” class-of-one claim involves allegations that “a public official, ‘with no conceivable basis for his action other than spite or some other improper motive . . . comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) King Sykes LLC v. The City of Chicago
N.D. Ill. · 2024 · confidence medium
Because King Sykes’ complaint fails to “negative any reasonably conceivable state of facts that 12 Even still, it is not a given that that supposed decision would fail rational-basis review. could provide a rational basis for the classification,” Scherr v. City of Chicago, 757 F.3d 593, 598 (7th Cir. 2014) (quoting Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir. 2005)), it does not plausibly allege an equal protection violation.
discussed Cited as authority (rule) Brown v. Griggs
D. Utah · 2023 · confidence medium
Penn Gaming, LLC v. Collins, 656 F.3d 1210, 1216 (10th Cir. 2011) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)). 103 Id. (quoting Jicarilla Apache Nation v. Rio Arriba Cnty., 440 F.3d 1202, 1210 (10th Cir. 2006)). 104 Report & Recommendation at 23–24. 105 Id. at 24–25. 106 Amended Complaint ¶ 143. 107 Id. ¶ 144. violation because Sixth Amendment rights do not attach until “at or after the initiation of adversary judicial criminal proceedings—whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.”108 Because Brown did not alle…
discussed Cited as authority (rule) Erickson v. Village of Yorkville
E.D. Wis. · 2023 · confidence medium
“The classic class-of-one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive . . . comes down hard on a hapless private citizen.’” Swanson, 719 F.3d at 784 (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th 14 Cir. 2005)).
cited Cited as authority (rule) MILLER v. GOGGIN
E.D. Pa. · 2023 · confidence medium
Pa. July 25, 2006) (citing Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Linder v. Kijakazi
N.D. Ill. · 2022 · confidence medium
To make out a claim for disability benefits or to overturn a denial of such a claim, contentions or allegations alone will not do it.”Hypothesis is not proof.” Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir. 2003).
cited Cited as authority (rule) Van Sant & Co. v. Town of Calhan
D. Colo. · 2022 · confidence medium
Penn Gaming, 656 F.3d at 1216 (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
cited Cited as authority (rule) Anjum v. City Of Chicago
N.D. Ill. · 2022 · confidence medium
For zoning decisions, the government fails rational-basis review only when “no sound reason for the action can be hypothesized.” Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir. 2005).
discussed Cited as authority (rule) George v. City of Chicago
N.D. Ill. · 2022 · confidence medium
The “classic” class-of-one claim involves allegations that “a public official, ‘with no conceivable basis for his action other than spite or some other improper motive” comes down hard on “a hapless private citizen.’” Id. at 784 (citing Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Dean v. Illinois Department of Corrections
C.D. Ill. · 2022 · confidence medium
This requires allegations so damning that “no sound reason for [the government’s] action can be hypothesized,” such that the action is “wholly impossible to relate to legitimate government objectives.” Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir. 2005) (quoting Lamers Dairy Inc. v. U.S. Dep't of Agr., 379 F.3d 466, 473 (7th Cir. 2004), and Esmail v. Macrane, 53 F.3d 176, 180 (7th Cir. 1995)).
discussed Cited as authority (rule) Boldt v. American Fork City
D. Utah · 2021 · confidence medium
“The paradigmatic ‘class of one case, [ ] sensibly conceived, is one in which a public official, with no conceivable basis for his action other than spite or some other improper motive (improper because unrelated to his public duties), comes down hard on a hapless private citizen.’” Kansas Penn Gaming, LLC v. Collins, 656 F.3d 1210, 1216 (10th Cir. 2011) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)) (alteration in original).
discussed Cited as authority (rule) Dingle v. Stamford
D. Conn. · 2021 · confidence medium
“Class of one” discrimination is illustrated when “a public official, with no conceivable basis for his action other than spite or some other improper motive, comes down hard on a hapless private citizen.” Brunson v. Murray, 843 F.3d 698, 705 (7th Cir. 2016) (citing Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013), quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005) (alteration in original)).
discussed Cited as authority (rule) Schworck, Jesse v. Madison Police Department
W.D. Wis. · 2021 · confidence medium
“The paradigmatic ‘class of one’ case . . . is one in which a public official, with no conceivable basis for his action other than spite or some other improper motive (improper because unrelated to his public duties) comes down hard on a hapless private citizen.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005).
cited Cited as authority (rule) Balderas v. Illinois Central Railroad Company
N.D. Ill. · 2021 · confidence medium
Accord In re Cohen, 507 F.3d 610 , 614 (7th Cir. 2007); Louth v. McCollum, 424 F.3d 631, 634 (7th Cir. 2005); Bos. v. Club Corp USA, Inc., 2019 WL 1873293 , at *8 (C.D.
discussed Cited as authority (rule) Davis v. Merit Systems Protection Board
N.D. Ill. · 2020 · confidence medium
Class-of-one claims generally only arise when, “with no conceivable basis for his action other than spite or some other improper motive[,] * * * [a public official] comes down hard on a hapless private citizen.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005).
cited Cited as authority (rule) Holestine v. R.J. Donovan Correctional Facility
S.D. Cal. · 2020 · confidence medium
LEXIS 24 93282, 2009 WL 3233879 , at 8 (quoting Lauth, 424 F.3d 631, 634 (7th Cir. 2005)).
discussed Cited as authority (rule) Hollins, Emon v. City of Madison
W.D. Wis. · 2020 · confidence medium
“The classic class-of-one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive . . . comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780 , 783–84 (7th Cir. 2013) (citing Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Lawlor v. Metropolitan Water Reclamation District of Greater Chicago
N.D. Ill. · 2020 · confidence medium
The classic class-of-one claim is illustrated when a public official, “with no conceivable basis for his action other than spite or some other improper motive * * * comes down hard on a hapless private citizen.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005); see also Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013).
discussed Cited as authority (rule) Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · confidence medium
“The classic class‐of‐one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive ... comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · confidence medium
“The classic class‐of‐one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive ... comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · confidence medium
“The classic class‐of‐one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive ... comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Rex Frederickson v. Tizoc Landeros
7th Cir. · 2019 · confidence medium
“The classic class‐of‐one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive ... comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005)).
discussed Cited as authority (rule) Atlas v. Village of Glencoe
N.D. Ill. · 2019 · confidence medium
“The classic class-of-one claim is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive. . . comes down hard on a hapless private citizen.’” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir.2005)).
discussed Cited as authority (rule) Consolino v. Dart
N.D. Ill. · 2019 · confidence medium
Class-of-one claims generally only arise when, “with no conceivable basis for his action other than spite or some other improper motive[,] * * * [a public official] comes down hard on a hapless private citizen.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005).
cited Cited as authority (rule) Franklin v. Howard Brown Healthcare Center
N.D. Ill. · 2018 · confidence medium
See Ray v. Clements 700 F.3d 993, 1017 (7th Cir.2012); Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir.2005).
discussed Cited as authority (rule) McCarty v. Menard, Inc.
N.D. Ill. · 2018 · confidence medium
See Ray v. Clements, 700 F.3d 993, 1017 (7th Cir. 2012); In re Cohen, 507 F.3d 610 , 614 (7th Cir.2007); Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir.2005); United States v. Landry, 257 F.2d 425, 431 (7th Cir.1958); Smith v. Lynch, 115 F. Supp. 3d 5 , 13–14 (D.D.C. 2015); Hunt ex rel.
discussed Cited as authority (rule) Lawlor v. Metropolitan Water Reclamation District of Greater Chicago
N.D. Ill. · 2018 · confidence medium
The classic class-of-one claim is illustrated when a public official, “with no conceivable basis for his action other than spite or some other improper motive * * * comes down hard on a hapless private citizen.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005); see also Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013).
discussed Cited as authority (rule) Denson v. Village of Johnsburg
N.D. Ill. · 2018 · confidence medium
However, in all cases cited by plaintiff, the court was presented with plaintiffs who were singled out to exact “retaliation,” “vengeance,” or “sheer vindictiveness.” Esmail v. Macrane, 53 F.3d 176 (7th Cir. 1995) (liquor license applicant plaintiff stated a claim for a violation of equal protection where plaintiff sufficiently pled that the action taken by the state was retaliatory and vengeful, and a spiteful effort to “get” him for reasons unrelated to a legitimate state objection); Olech v. Village of Willowbrook, 160 F.3d. 386 (7th Cir. 1998) (case allowed to proceed on pl…
cited Cited as authority (rule) Barrios v. Fashion Gallery, Inc.
N.D. Ill. · 2017 · confidence medium
But, perhaps she did. “[Hjypothesis is not proof....” Lauth v. McCollum, 424 F.3d 631, 634 ( 7th Cir. 2005)( Posner, J.).
discussed Cited as authority (rule) James Brunson v. Scott Murray
7th Cir. · 2016 · confidence medium
Class-of-one discrimination “is illustrated when a public official, ‘with no conceivable basis for his action other than spite or some other improper motive ... comes down hard on a hapless private citizen.’ ” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir. 2013), quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005) (alteration in original).
discussed Cited as authority (rule) Thomas Simstad v. Gerald Scheub
7th Cir. · 2016 · confidence medium
Such a claim' exists where “a public official, ‘with no conceivable basis for his action other than spite or some other improper motive .., comes down hard on a hapless private citizen.’ ” Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir.2013) (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir.2005)).
discussed Cited as authority (rule) Censke v. United States
N.D. Ill. · 2016 · confidence medium
“Hypothesis is not proof,” Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir.2005), and the Seventh Circuit “has long ‘reject[ed] the idea that speculation can be employed as a substitute for proof.’ ” United States v. Landry, 257 F.2d 425, 431 (7th Cir.1958).
cited Cited as authority (rule) Slaven v. Great American Insurance
N.D. Ill. · 2015 · confidence medium
See In re Cohen, 507 F.3d 610, 614 (7th Cir.2007); Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir.2005).
cited Cited as authority (rule) Jennifer Scherr v. City of Chicago
7th Cir. · 2014 · confidence medium
The district judge rejected the claim, however, on the authority of our more recent decision in Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir.2005).
discussed Cited as authority (rule) Jarmuth v. City of Chicago
N.D. Ill. · 2014 · confidence medium
The classic class-of-one claim is illustrated when a public official, “with no conceivable basis for his action other than spite or some other improper motive * * * comes down hard on a hapless private citizen.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir. 2005); see also Swanson v. City of Chetek, 719 F.3d 780, 784 (7th Cir.2013).
discussed Cited as authority (rule) Cox v. Cache County
D. Utah · 2014 · confidence medium
“The paradigmatic ‘class of one’ case, sensibly conceived, is one in which a public official, with no conceivable basis for his action other than spite or some other improper motive (improper because unrelated to his public duties), comes down hard on a hapless private citizen.” Kansas Penn Gaming, 656 F.3d at 1216 (quoting Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir.2005)).
discussed Cited as authority (rule) Lovette-Cephus v. Village of Park Forest
N.D. Ill. · 2014 · confidence medium
Thus, in class-of-one cases, the plaintiff “does not claim to be a member of a class that the defendant discriminates against, but argues only that he is being treated arbitrarily worse than some one or ones identically situated to him.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir.2005); see United States v. Moore, 543 F.3d 891, 896 (7th Cir.2008)(stating that “a class-of-one equal protection challenge asserts that an individual has been ‘irrationally singled out,’ without regard for any group affiliation, for discriminatory treatment”)(quoting Engquist v. Oregon Dep’t of Agr.,…
cited Cited as authority (rule) DW Data, Inc. v. C. Coakley Relocation Systems, Inc.
N.D. Ill. · 2013 · confidence medium
In re Cohen, 507 F.3d 610 , 614 (7th Cir.2007); Lauth v. McCollum, 424 F.3d 631, 634 (7th Cir.2005); United States v. Landry, 257 F.2d 425, 431 (7th Cir.1958).
discussed Cited as authority (rule) Karl Swanson v. Jerry Whitworth
7th Cir. · 2013 · confidence medium
The classic class-of-one claim is illustrated when a public official, “with no conceivable basis for his action other than spite or some other improper motive ... comes down hard on a hapless private citizen.” Lauth v. McCollum, 424 F.3d 631, 633 (7th Cir.2005).
Retrieving the full opinion text from the archive…
Chester A. LAUTH, Plaintiff-Appellant,
v.
Daniel L. McCOLLUM, Defendant-Appellee
04-3782.
Court of Appeals for the Seventh Circuit.
Sep 20, 2005.
424 F.3d 631
Kevin Yodak (argued), Lisa Kane, Kane & Associates, Chicago, IL, for Plaintiff-Appellant., Thomas R. Weiler (argued), Norton, Mancini, Argentati, Weiler & Deano, Chicago, IL, for Defendant-Appellee McCol-lum.
Flaum, Posner, Kanne.
Cited by 107 opinions  |  Published
POSNER, Circuit Judge.

The plaintiff, Lauth, a police officer in the Chicago suburb of LaGrange Park, sued his police chief, McCollum, under 42 U.S.C. § 1983. The suit charged that McCollum (and the Village, but it’s been dropped as a defendant) had deprived Lauth of the equal protection of the laws by asking the Village’s Board of Police Commissioners to sanction him for misfeasance. (The Board obliged.) The district judge granted summary judgment for the defendants, and Lauth appeals.

A woman had reported her 11-year-old son missing, and, though the child was found the next day unharmed, Lauth in responding to the report had failed to comply not only with standard operating procedures for handling missing-persons reports but also with statutory requirements. See Intergovernmental Missing Child Recovery Act, 325 ILCS 40/1-8. The Board, upon McCollum’s complaint, ordered Lauth suspended without pay for a total of 60 days. He could have sought judicial[*632] review of the Board’s decision in the Illinois state courts, 65 ILCS 5/10-2.1-17; Van Milligan v. Board of Fire & Police Comm’rs, 158 Ill.2d 85, 196 Ill.Dec. 665, 630 N.E.2d 830, 836 (1994), but he did not. Instead he brought the present suit. In it he implausibly seeks some $20,000 in compensatory damages (his annual salary is only $59,000 and one-sixth of that is not even $10,000), plus an undetermined amount of damages for emotional distress, plus punitive damages and attorneys’ fees.

Lauth claims that McCollum’s action in hauling him before the Board was motivated by animus (hostility, dislike, ill will), and so he is appealing to the “class of one” theory of denial of equal protection. E.g., Village of Willowbrook v. Olech, 528 U.S. 562, 564-65, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000) (per curiam); Crowley v. McKinney, 400 F.3d 965, 972 (7th Cir.2004). Lauth had been instrumental in getting the Village police force unionized, and McCollum had been down on him ever since, Lauth testified. He also testified that years earlier another officer had not been disciplined for mishandling a missing-person complaint; though in that case the missing person had been an adult rather than a child.

There is clearly something wrong with a suit of this character coming into federal court dressed as a constitutional case. At argument one of Lauth’s lawyers candidly described it as a grudge suit, as in fact the latest move in a labor dispute. McCollum may conceivably be guilty of retaliation against Lauth (by having reported him to the Board) for Lauth’s union activities. But, if so, Illinois labor law, which governs the Village’s labor relations, 5 ILCS 315/1-27; Grchan v. Illinois State Labor Relations Board, 315 Ill.App.3d 459, 248 Ill.Dec. 325, 734 N.E.2d 33, 39 (2000), provides an adequate remedy. 5 ILCS 315/10(a)(2), 11(c); Administrative Office of Illinois Courts v. State & Municipal Teamsters, Chauffeurs & Helpers Union, Local 726, 167 Ill.2d 180, 212 Ill.Dec. 627, 657 N.E.2d 972, 981 (2000). At argument, Lauth’s lawyer told us — against his interest in minimizing his client’s alternative remedies — that the National Labor Relations Act might also provide Lauth with a remedy. It would not; the Act does not apply to state or municipal employees. 29 U.S.C. § 152(2); Abood v. Detroit Board of Education, 431 U.S. 209, 223, 97 S.Ct. 1782, 52 L.Ed.2d 261 (1977).

Lauth might lose a retaliation suit. McCollum might be able to show that he would have reported Lauth’s violation of police and statutory regulations intended for the safety of missing persons to the Board whether or not he was on the outs with Lauth over the union; and that would be a complete defense, City of Burbank v. Illinois State Labor Relations Board, 128 Ill.2d 335, 131 Ill.Dec. 590, 538 N.E.2d 1146, 1150 (1989); County of Menard v. Illinois State Labor Relations Board, 202 Ill.App.3d 878, 148 Ill.Dec. 639, 560 N.E.2d 1236, 1244 (1990), just as it would be in a “mixed motive” federal employment discrimination case. Desert Palace, Inc. v. Costa, 539 U.S. 90, 93, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003). It is not as if McCol-lum suspended Lauth; the Board did; and so a retaliation suit might fail on the distinct ground that to allow Lauth to obtain damages against McCollum would nullify the Board’s lawful sanction. But see Grchan v. Illinois State Labor Relations Board, supra, 248 Ill.Dec. 325, 734 N.E.2d at 39-40. It is not as if the charges were trumped up, the sanction excessive, or the Board in cahoots with McCollum. None of these things has been shown.

The reason the case has gotten as far as it has is the uncertainty that attends “class of one” equal protection cases. Lunini v. Grayeb, 395 F.3d 761, 772 (7th[*633] Cir.2005); Jennings v. City of Stillwater, 383 F.3d 1199, 1211-12 (10th Cir.2004); Bell v. Duperrautt, 367 F.3d 703, 709 (7th Cir.2004) (concurring opinion). These are cases in which the plaintiff does not claim to be a member of a class that the defendant discriminates against, but argues only that he is being treated arbitrarily worse than some one or ones identically situated to him. If that is the law and any unexplained or unjustified disparity in treatment by public officials is therefore to be deemed a prima facie denial of equal protection, endless vistas of federal liability are opened. Complete equality in enforcement is impossible to achieve; nor can personal motives be purged from all official action, especially in the frequently tense setting of labor relations. If reporting Lauth’s misfeasance violated the Constitution, McCollum might as well resign, since he will lose all control over Lauth and any other officer with whom McCol-lum may have clashed over labor issues. It would be a paradox, moreover, to provide federal judicial protection (in the name of equal protection of the laws) for the union activities of a part of the workforce (namely state and municipal employees) that Congress has placed outside the protection of federal labor law.

The paradigmatic “class of one” case, more sensibly conceived, is one in which a public official, with no conceivable basis for his action other than spite or some other improper motive (improper because unrelated to his public duties), comes down hard on a hapless private citizen. Perhaps he is the holder of a license from the state to operate a bar or restaurant or other business, and the official deprives him of a valuable property right that identically situated citizens toward whom the official bears no ill will are permitted the unfettered enjoyment of. E.g., Village of Willowbrook v. Olech, supra, 528 U.S. at 563, 120 S.Ct. 1073; Esmail v. Macrane, 53 F.3d 176, 178 (7th Cir.1995); Cruz v. Town of Cicero, 275 F.3d 579, 582, 587-88 (7th Cir.2001); Squaw Valley Development Co. v. Goldberg, 375 F.3d 936, 944, 947 (9th Cir.2004). As one moves away from the paradigmatic case, the sense of a wrong of constitutional dignity, and of a need for a federal remedy, attenuates. And when as in this case the unequal treatment arises out of the employment relation, the case for federal judicial intervention in the name of equal protection is especially thin. Given the legal protections that tenured public employees such as Lauth enjoy, see 65 ILCS 5/10-2.1-17, which include the right to sue in federal or state court under section 1983 for a deprivation of property (a tenure employment contract being considered a property right for due process purposes) without due process of law, e.g., Swick v. City of Chicago, 11 F.3d 85, 86 (7th Cir.1993), there is no gap in legal protections to justify dragging in equal-protection concepts designed for entirely different situations. And when the public employee does not have tenure, imposing a norm of equal treatment changes employment at will, or (what is the same thing) probationary employment, into something very close to tenured employment because it is so easy to invent a case of unequal treatment by a supervisor. The principal effect of “class of one” suits by public employees is, as this case illustrates, to undermine discipline in public agencies. In the particular case, as we said, it is also to inject the federal courts into an area of labor relations that Congress disclaimed a federal interest in.

We are therefore not surprised to have found no “class of one” cases in which .a public employee has prevailed, Levenstein v. Salafsky, 414 F.3d 767 (7th Cir.2004); Hedrick v. Board of Regents, 274 F.3d 1174 (7th Cir.2001); Staples v. City of Milwaukee, 142 F.3d 383 (7th Cir.1998); Orr v. City of Albuquerque, 417 F.3d 1144, 1150 n. 6 (10th Cir.2005); Neilson v. D’An- [*634] gelis, 409 F.3d 100, 106 (2d Cir.2005); Campagna v. Massachusetts Dept. of Environmental Protection, 334 F.3d 150, 156 (1st Cir.2003), since the extreme case that kicked off the “class of one” movement more than two decades ago. That was Ciechon v. Chicago, 686 F.2d 511 (7th Cir.1982), where a paramedic was made a scapegoat for conduct that had drawn the wrath of the local media, while her identically situated partner received no disciplinary sanction at all. Our case is remote from that one. Lauth has identified no other officer who despite being similarly situated was deliberately treated differently, McDonald v. Winnetka, 371 F.3d 992, 1001 (7th Cir.2004), let alone one who was “prima facie identical in all relevant respects.” Purze v. Village of Winthrop Harbor, 286 F.3d 452, 455 (7th Cir.2002). He has not shown that “totally illegitimate animus ... was the sole cause” of McCollum’s reporting his misfeasance to the Board. Nevel v. Village of Schaumburg, 297 F.3d 673, 681 (7th Cir.2002); cf. Esmail v. Macrane, supra, 53 F.3d at 179.

As the Tenth Circuit noted in Jennings v. City of Stillwater, supra, 383 F.3d at 1211, “In the wake of Olech, the lower courts have struggled to define the contours of class-of-one cases. All have recognized that, unless carefully circumscribed, the concept of a class-of-one equal protection claim could effectively provide a federal cause of action for review of almost every executive and administrative decision made by state actors.” We are still struggling to circumscribe this amorphous cause of action. In light of Ciechon, and reluctant to complicate the law by proposing different standards for different categories of discriminatory state action, we decline to rule that a public employee can never maintain a class-of-one case. A more promising approach, and one that, incidentally, enables reconciliation of the two lines of class-of-one cases in our case law — the “animus” and the “rational basis” lines, see Crowley v. McKinney, 400 F.3d 965, 972 (7th Cir.2004)—is simply to remind that a plaintiff who does not belong to any “suspect” (that is, favored) class— by definition, the situation of a class-of-one plaintiff — must, to prevail, “negative any reasonably conceivable state of facts that could provide a rational basis for the classification.” Board of Trustees v. Garrett, 531 U.S. 356, 367, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001); Lamers Dairy, Inc. v. U.S. Dept. of Agriculture, 379 F.3d 466, 473 (7th Cir.2004). “Governmental action only fails rational basis scrutiny if no sound reason for the action can be hypothesized.” Id.; see also FCC v. Beach Communications, 508 U.S. 307, 315, 113 S.Ct. 2096, 124 L.Ed.2d 211 (1993). Our decision in Esmail v. Macrane, supra, 53 F.3d at 180, evoked that approach, stating that the target of class-of-one cases is “governmental action wholly impossible to relate to legitimate governmental objectives.” There is additional support in Ross v. Duggan, 402 F.3d 575, 587-88 (6th Cir.2004), and Kirby v. City of Elizabeth City, 388 F.3d 440, 447-48 (4th Cir.2004). Animus thus comes into play only when, no rational reason or motive being imaginable for the injurious action taken by the defendant against the plaintiff, the action would be inexplicable unless animus had motivated it.

Since hypothesis is not proof, this test that we have articulated can often be applied in advance of discovery. Wroblewski v. Washburn, 965 F.2d 452, 459-60 (7th Cir.1992); Ross v. Duggan, supra, 402 F.3d at 589; Connolly v. McCall, 254 F.3d 36, 42 (2d Cir.2001) (per curiam); Knapp v. Hanson, 183 F.3d 786, 789 (8th Cir.1999). It could have been here.

AFFIRMED.