United States Seventh Circuit

In a former deputy sheriff's section 1983 suit against Cook County, the City of Chicago, a sheriff, and other individuals, claiming that defendants violated his procedural and substantive due process rights prior to his suspension and resignation, and deprived him of his interest in "occupational liberty," district court's grant of defendants' motion to dismiss with prejudice is affirmed where: 1) district court was correct in dismissing plaintiff's procedural due process claim as plaintiff's decision to resign rather than risk and unfavorable Merit Board decision does not make his resignation involuntary; 2) district court properly dismissed plaintiff's substantive due process claim as this sort of claim is limited to violations of fundamental rights and employment-related rights are not fundamental; 3) the district court properly dismissed plaintiff's occupational liberty claim as the complaint against plaintiff was not publicly disclosed, and the stigmatizing allegations were made only to the sheriff's department, and not a potential future employer; and 4) plaintiff's claims against the county and the city under Monell fails because his complaint fails to state a claim for any constitutional violation.

Appellate Information

• Argued 10/07/2009
• Decided 10/07/2010
• Published 10/07/2010

Judges

• SYKES

Court

• United States Seventh Circuit

Counsel