Blackout Sealcoating, Inc. v. Peterson

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s section 1983 action alleging that defendants-CTA officials deprived plaintiff of its “occupational liberty” by debarring it from obtaining any additional construction projects for one-year period without giving plaintiff any due process. Plaintiff lacked any property right to support due process claim where plaintiff was to subject to only at-will contract with CTA, and instant complaint, which failed to allege that plaintiff bid for any other public agency work subsequent to instant debarment, did not plausibly allege that instant debarment played any role in plaintiff’s inability to work for public or private entities other than defendant. Ct. further observed that issue remains as to whether corporations such as plaintiff have any occupational liberty interests where corporations by their nature do not have any “occupations.”