Judge Ted Stewart – Motion for Summary Judgment granted
JODI NIX, Plaintiff, vs. PARK CITY MUNICIPAL CORPORATION, a Utah municipal corporation, LLOYD D. EVANS, an individual and Chief of the Park City Police Department, PHIL KIRK, an individual and a Lieutenant in the Park City Police Department, THOMAS B. BAKALY, an individual and City Manager of the Park City Municipal Corporation, Defendants.
Case No. 2:04cv01197TS
2006 U.S. Dist. LEXIS 65232
September 11, 2006
Judge Ted Stewart
Plaintiff Jodi Nix, a former Park City police officer, alleged a “class-of-one” equal protection claim pursuant to 42 U.S.C. § 1983. Defendants included Park City, two high ranking officers within the police department, and the Park City city manager.
The court pointed out that: “an individual asserting a class-of-one equal protection claim must prove that he or she was singled out for different treatment or persecution due to some personal animosity, ill-will or malice by the defendant.”
Judge Stewart opined that plaintiff failed to show either: (1) that she was treated differently than other similarly situated individuals; and (2) that there was any malice, ill-will or animosity between plaintiff and the individual defendants.
Motion for Summary Judgment granted. Case dismissed.