Martin v. Haling

Dist. Ct. did not err in dismissing plaintiff’s section 1983 action claim, alleging that State of Illinois OEIG report that concluded that plaintiff and her elevator service and repair business engaged in kickback scheme with University of Illinois Chicago employee and recommended that State and City of Chicago terminate all business with plaintiff and bar any future business with her and her company constituted due process deprivation of her occupational liberty. Record showed that State and City ceased doing business with plaintiff in response to report, but that federal jury acquitted plaintiff of bribery charges and OEIG never rescinded its report. However, to support instant “stigma-plus” due process claim, plaintiff needed to plead that she suffered tangible loss, which plaintiff did not do, where she did not plead loss of occupation, where record showed that she was always operator in her occupation of her business in servicing and repairing elevators through relevant time period, and where plaintiff maintained and expanded her 20 percent business in private clients and expanded her out-of-state business. Moreover, OEIG report did not preclude plaintiff from obtaining other public contracts, and record showed that she has obtained some federal government work. Thus, without liberty deprivation with respect to her occupation, plaintiff cannot sustain stigma-plus claim.