Cleven v. Soglin

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 17-3332
Decision Date: 
September 10, 2018
Federal District: 
W. D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in section 1983 action alleging that defendant denied plaintiff-employee due process by delaying its required report of plaintiff’s backdated hours and wages to Wisconsin Retirement System, which, according to plaintiff, deprived him of five years of retirement. Plaintiff was not owed meaningful hearing prior to when instant alleged deprivation took place, and state provided meaningful post deprivation hearing in form of mandamus action to address any wrong caused by defendant’s alleged inaction. As such, said state court remedy precluded plaintiff from seeking federal due process relief.