D.B. Ex Rel. Kurtis B. v. Kopp, 725 F.3d 681

In September 2010 six-year-old D.B. and five-year-old twins C.C. and W.C. played a ‘doctor’ game; the twins’ mother interpreted D.B.’s conduct as sexual and reported it.
Grant County social services and the sheriff investigated; the district attorney filed a petition alleging D.B. committed first-degree sexual assault and needed protection or services.
The petition was never adjudicated; the case was resolved by a consent decree and dismissed; civil-rights suit followed on behalf of D.B. and his parents against Kopp, Moravits, Riniker, Grant County, and the county DSS.
The complaint alleged multiple constitutional violations and state-law torts; the district court dismissed for failure to state a claim, later allowing amendment but ultimately dismissing again.
On appeal, plaintiffs focus on a class-of-one equal-protection claim against Kopp and Moravits and a Monell claim against Grant County, alleging political favoritism toward the twins’ father.
The court held that allegations of improper motive do not defeat rational-basis scrutiny where a rational basis exists, and dismissed the equal-protection and Monell claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a class-of-one claim survives with rational basis review	D.B. was treated differently due to political favoritism.	There was a rational basis for investigating D.B. and not the twins.	No; plaintiffs pleaded no claim, rational-basis defeats the claim.
Whether Grant County can be liable under Monell	County policy/ practice caused constitutional violations.	No underlying constitutional violation, so Monell fails.	No; Monell fails because no constitutional violation pleaded.

Village of Willowbrook v. Olech, 528 U.S. 562 (2000) (establishes class-of-one standard)
Engquist v. Oregon Dept. of Agriculture, 553 U.S. 591 (2008) (limits class-of-one claims in public employment)
Del Marcelle v. Brown Cnty. Corp., 680 F.3d 887 (7th Cir. 2012) (en banc discussion of motive in class-of-one claims)
Flying J Inc. v. City of New Haven, 549 F.3d 538 (7th Cir. 2008) (motive and rational-basis in 12(b)(6) context)
Srail v. Village of Lisle, Ill., 588 F.3d 940 (7th Cir. 2009) (any rational-basis review suffices for class-of-one)
Heller v. Doe, 509 U.S. 312 (1993) (must show any rational basis for classification)
Garrett v. Bd. of Trs. Univ. of Ala., 531 U.S. 356 (2001) (burden on challenger to negate rational basis)
Palka v. Shelton, 623 F.3d 447 (7th Cir. 2010) (Monell inference linked to constitutional violation absence)
Jackson v. Marion County, 66 F.3d 151 (7th Cir. 1995) (pleading yourself out of court via admissions)