Linear v. Village of University Park, Illinois

Dist. Ct. lacked jurisdiction to consider plaintiff’s section 1983 action alleging that defendant violated his due process rights by failing to pay plaintiff severance pay following termination of his employment contract as Village Manager. Defendant failed to allege that he had legitimate claim of entitlement to renewal of his employment contract, and instant claim was mere state-law action that otherwise failed to satisfy requirements for diversity jurisdiction. Fact that plaintiff alleged federal theory of relief in form of purported due process violation did not require different result, and instant contract allowed defendant to terminate plaintiff without cause. As such, plaintiff had, at most, right to hearing to determine whether he gets severance pay, which is question of state law only. Also, Ct. rejected plaintiff’s contention that any procedure granted to plaintiff in instant contract created property interests protected by federal Constitution. Result would be different if instant contract had given plaintiff right to remain in job unless he committed misconduct.