Schultz v. Green County, State of Wisc.

Federal 7th Circuit Court
Civil Court
Section 1983 Actions
Citation
Case Number: 
No. 10-2481
Decision Date: 
July 20, 2011
Federal District: 
W.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in granting defendant-employer's motion for summary judgment in plaintiff-employee's section 1983 action alleging that defendant deprived her of due process when it eliminated her original job paying $26.99 per hour and subsequently hired her in similar position paying $19.28 per hour with fewer duties. While government employee has constitutionally protected property interest in her position and may not be removed from it without due process, said employee is not entitled to prior notice or hearing about said elimination where, as here, said elimination was made in connection with governmental reorganization. Moreover, plaintiff failed to show that defendant's reorganization was pretext for removing her from her original position where record showed that basis for reorganization was related to cost savings.