With no explanation, chose the best option from "A", "B", "C" or "D". class-of-one theory is not legally cognizable where ... a public employee claims that she has been treated differently than other employees.”); Duprey v. Twelfth Judicial Dist. Court, No. CIV 08-0756 JB, 2009 WL 2105955, at *5 (D.N.M. June 22, 2009) (Browning, J.)(“In this case, Duprey, who is a public employee, is alleging that she was denied a promotion and was demoted. Because her lawsuit arises in the public-employee context, she cannot proceed on the class-of-one theory.”). Moreover, in these class-of-one claims, where discrimination is not alleged against a class of persons, “[t]he allegation that a plaintiff was treated differently from those similarly situated is an essential element of an equal protection action.” Hennigh v. City of Shawnee, 155 F.3d 1249, 1257 (10th Cir.1998) (<HOLDING>)(citing Norton v. Vill. of Corrales, 103 F.3d

A: holding that the plaintiff who alleged he was subjected to discipline and a disciplinary proceeding not applicable to any other police officer under the collective bargaining agreement but not alleging any classbased discrimination failed to state a claim as the plaintiff did not show how he was treated differently from others similarly situated emphasis added
B: holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated
C: holding that to assert a viable equal protection claim plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them
D: holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment
A.