062021P.pdf   02/26/2007  Richard Osborne  v.  Arlyn Grussing
   U.S. Court of Appeals Case No:  06-2021
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Loken, Author, with Lay and Melloy, Circuit Judges]
   Civil case - civil rights. A plaintiff who seeks relief from valid adverse
   regulatory action on the ground it was unconstitutional retaliation for
   First Amendment-protected speech must make the same showing that is
   required to establish a claim of selective prosecution - that he has been
   singled out for prosecution while others similarly situated have not been
   prosecuted for conduct similar to that for which he was prosecuted and
   that the government's discriminatory selection of him for prosecution was
   based upon his exercise of his First Amendment right to free speech;
   applying that standard here, plaintiffs failed to show that the defendants
   selectively enforces the zoning ordinance in question.