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Selective-Prosecution Claim

A claim that a defendant was selectively prosecuted based on a discriminatory effect and purpose, requiring clear evidence and a colorable basis to justify limited discovery.

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Jan 18, 2026
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What specific evidence would a defendant need to prove selective prosecution in federal court?

To prevail on a federal selective-prosecution claim a defendant must produce clear, specific evidence showing the prosecution had a discriminatory effect — that similarly situated persons of a differe...