Simmons v. Gillespie

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
No. 12-3381
Decision Date: 
March 19, 2013
Federal District: 
C.D. Ill.
Dist. Ct. did not err in dismissing for failure to state valid claim instant section 1983 action alleging that defendants-city officials violated due process clause by failing to reimburse plaintiff for lost pay arising out of suspension that was ultimately overturned by state appellate court. U.S. Constitution does not require states to ensure that their own laws are implemented correctly, and record otherwise showed that State of Illinois offered plaintiff ample process to obtain reversal of suspension. Fact that plaintiff failed to seek lost pay in underlying state-court action did not permit him to seek said remedy in subsequent federal action.