Dist. Ct. did not err in dismissing for failure to state viable cause of action plaintiff-employee’s sections 1981 and 1983 claims alleging that defendant-County employer terminated him under false pretenses in violation of plaintiff’s procedural and substantive due process rights, as well as his equal protection rights. Plaintiff failed to allege that he had protectible property interest in his public job for purposes of his procedural due process claim, since he identified no state law, local ordinance or contract provision that limited County’s ability to fire him. Moreover, circumstances surrounding plaintiff’s abrupt termination, that included allegations that defendant retaliated against him for his failure to cooperate in investigation into public bidding incident as well as trumped up charge arising out of plaintiff’s use of knife, did not shock conscience so as to support any substantive due process claim. Also, plaintiff failed to state viable race-based retaliation claim under section 1981, since plaintiff failed to allege that he was fired in retaliation for attempting to assist another person who suffered direct racial discrimination.
Federal 7th Circuit Court
Civil Court
Due Process