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Palka v. Shelton, 08-4245

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By FindLaw Staff on October 07, 2010 3:04 PM

Dismissal of a Former Deputy Sheriff's Section 1983 Suit Against the City, County, & Others Affirmed

Palka v. Shelton, 08-4245, concerned a challenge to the district court's grant of defendants' motion to dismiss with prejudice In a former deputy sheriff's section 1983 suit against Cook County, the City of Chicago, a sheriff, and other individuals, claiming that defendants violated his procedural and substantive due process rights prior to his suspension and resignation, and deprived him of his interest in "occupational liberty."

 

In affirming the dismissal, the court held that the district court was correct in dismissing plaintiff's procedural due process claim as plaintiff's decision to resign rather than risk and unfavorable Merit Board decision does not make his resignation involuntary.  Also, the district court properly dismissed plaintiff's substantive due process claim as this sort of claim is limited to violations of fundamental rights and employment-related rights are not fundamental, and it properly dismissed plaintiff's occupational liberty claim as the complaint against plaintiff was not publicly disclosed, and the stigmatizing allegations were made only to the sheriff's department, and not a potential future employer.  Lastly, plaintiff's claims against the county and the city under Monell fails because his complaint fails to state a claim for any constitutional violation.

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