Milwaukee Police Ass’n v. City of Milwaukee

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 16-4151
Decision Date: 
May 3, 2017
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-City’s motion for judgment on pleadings in plaintiffs-police union and police officers’ section 1983 action, alleging that defendant violated their due process rights by enacting ordinance requiring police officers to reside within 15 miles of city limits. Plaintiffs had no substantive due process claim, since right to be free from residency requirement is not fundamental right. Moreover, plaintiffs had no procedural due process right, even though plaintiffs alleged that ordinance retroactively deprived them of vested right to live wherever they wanted, since: (1) prior statute that allowed plaintiffs to live anywhere did not create vested right; and (2) current statute applied only prospectively.