Calderone v. City of Chicago

Dist. Ct. did not err in granting defendants-employer and other police officials’ motion for summary judgment, alleging that defendants were entitled to qualified immunity in plaintiff-police employee’s action, asserting that defendants violated her Second Amendment rights by terminating her because she had shot third-party in self-defense during off-duty physical altercation with third-party. Defendants based termination on plaintiff’s violation of personnel rules prohibiting city employees from discharging firearm that result in injury to another person, and plaintiff claimed that her termination violated her Second Amendment right to use her firearm in self-defense. However, defendants were entitled to qualified immunity, since, although relevant case law recognized constitutional right to possess firearm, no case law has recognized Second Amendment right to use firearm for self-defense. Ct. further rejected plaintiff’s procedural due process claim, where relevant collective bargaining agreement that allowed plaintiff to grieve her termination provided plaintiff with sufficient post-deprivation due process to address her termination.