Palka v. Shelton

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-County Deputy Sheriff's section 1983 action alleging that defendants-City and County officials denied him procedural and substantive due process by forcing his resignation when it suspended him with pay pending investigation of complaint made by co-worker that plaintiff had harassed him after co-worker had terminated plaintiff's son from police academy. Plaintiff could not bring due process action against City or its officials since plaintiff was employee of County. Moreover, plaintiff's suspension with pay was insufficient to trigger any due process violation where plaintiff did not allege any indirect economic consequence arising out of suspension. Additionally, plaintiff's voluntary resignation precluded any due process action, and fact that plaintiff risked loss of pension benefits if complaint was sustained did not render said resignation involuntary.