Kvapil v. Chippewa County, Wisc.

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in section 1983 action alleging that defendant violated plaintiff-employee’s due process rights by terminating him from his seasonal employment without affording him notice or opportunity for hearing. Plaintiff failed to establish that his position as County employee was job that could only be terminated “for cause” so as to establish any due process protection, where: (1) employee handbook indicated that plaintiff was “at will” employee; (2) plaintiff admitted that as seasonal employee he had no guarantee of continued employment. Fact that County ordinance provided that plaintiff could be disciplined for just cause was insufficient to establish property interest in his employment, where ordinance did not set forth promise of continued employment in absence of cause for discharge. Plaintiff’s alternative claim that defendant did not follow its own procedural rules did not constitute due process violation.