Cole v. Milwaukee Area Technical College

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 10-1332
Decision Date: 
February 24, 2011
Federal District: 
E.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 terminated plaintiff from his position as president of defendant in violation of his procedural due process rights after defendant learned of plaintiff's DUI arrest. Plaintiff failed to show that he had protected property interest in his job where plaintiff's employment contract gave defendant's Board discretion to terminate plaintiff's employment based on any conduct that Board considered as grounds for dismissal. Fact that instant employment contract required Board to pay plaintiff salary and benefits for time remaining on contract did not transform his contract to one calling for dismissal only for cause.