Thomas Thompson v. Terry Morgan, 698 F. App'x 169

Thompson operated a wrecker service on Garza County’s tow-rotation for many years until Sheriff Terry Morgan removed him and gave county tow business to Lubbock Wrecker Service.
On June 15, 2016 Thompson sued Garza County and Sheriff Morgan (official capacity) under 42 U.S.C. § 1983, alleging Fourteenth Amendment due process and equal protection violations.
Defendants moved to dismiss under Rule 12(b)(6); Thompson filed an amended complaint but did not cure the defects identified by defendants and the district court.
The district court granted leave to file a reply, dismissed the official-capacity claim against the sheriff, dismissed the complaint under Rule 12(b)(6) without prejudice, and gave Thompson 14 days to amend; he did not replead.
The district court entered final judgment dismissing the case; Thompson appealed only the equal protection dismissal (he waived any challenge to the due process dismissal by not briefing it).
The Fifth Circuit reviewed de novo and affirmed dismissal for failure to state a class-of-one equal protection claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Thompson pleaded a "class‑of‑one" equal protection claim	Thompson alleged he was treated worse than Lubbock Wrecker Service and that there was no rational justification	Defendants argued the complaint lacked facts showing a similarly situated comparator and lacked factual allegations negating any rational basis	Court: Dismissed — complaint contained only conclusory allegations and failed to plausibly allege a comparator or lack of rational basis
Whether any other claims survive / procedural issues on appeal	Thompson challenged dismissal of equal protection only	Defendants noted Thompson waived other issues by not briefing them	Court: Affirmed equal protection dismissal; due process claim not preserved on appeal (waived)

Hunter v. Berkshire Hathaway, Inc., 829 F.3d 357 (5th Cir. 2016) (standard of review for Rule 12(b)(6) de novo)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for complaints)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (conclusory allegations insufficient to survive dismissal)
Lindquist v. City of Pasadena, 669 F.3d 225 (5th Cir. 2012) (elements of class‑of‑one equal protection claim)
Johnson v. Rodriguez, 110 F.3d 299 (5th Cir. 1997) (need to allege purposeful discrimination)
McCleskey v. Kemp, 481 U.S. 279 (1987) (purposeful discrimination requirement)
Fernandez‑Montes v. Allied Pilots Ass’n, 987 F.2d 278 (5th Cir. 1993) (conclusory allegations do not prevent dismissal)