Makhsous v. Daye

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 20-1624
Decision Date: 
November 20, 2020
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant's (supervisor at Agency and Disability Resource Center of Marinette County, Wisconsin (ADRC)) motion for summary judgment in plaintiff’s action alleging that defendant violated plaintiff’s due process rights by failing to include plaintiff’s residential care facilities in ADRC’s directory for potential residents to peruse. Record showed that Wisconsin’s ADRC Operational Practice Guidelines provided that directory could not include plaintiff's facilities that had been found in violation of state, federal or municipal law, and plaintiff failed to show that she had protected property interest in ADRC’s listing of her facilities in directory for purposes of asserting any due process rights. Moreover, plaintiff had only non, unilateral expectation that her facilities would be listed in ADRC’s directory. Also, plaintiff could not establish any violation of her equal protection rights, where plaintiff failed to present evidence either that her race played any role in decision to exclude her facilities from ADRC’s directory, or that defendant’s explanation that guidelines prevented her from including plaintiff’s facilities in directory was pretext for race discrimination.