Dahlinger v. Town Board of Town of Delavan
| Decision Date | 19 December 1974 |
| Docket Number | No. 74-C-280.,74-C-280. |
| Citation | 389 F. Supp. 977 |
| Parties | Harold J. DAHLINGER, Plaintiff, v. TOWN BOARD OF the TOWN OF DELAVAN et al., Defendants. |
| Court | U.S. District Court — Eastern District of Wisconsin |
Braden & Olson by John O. Olson, Lake Geneva, Wis., for plaintiff.
Kluwin, Dunphy, Hankin & McNulty by Michael J. Pfau, Milwaukee, Wis., for defendants; Kenny & Clair by J. Edward Clair, Delavan, Wis., of counsel.
DECISION and ORDER
In a decision and order dated August 1, 1974, 381 F.Supp. 474, I determined that in connection with the pre-termination hearing conducted by the defendant town board, chief of police Harold Dahlinger was denied certain minimal due process protections, including the following: 1) written charges which constituted sufficient notice; 2) the ability to subpoena witnesses; and 3) a neutral and detached decision-maker. Larkin v. Withrow, 368 F.Supp. 796 (E.D.Wis. 1973), cert. granted, 417 U.S. 943, 94 S. Ct. 3066, 41 L.Ed.2d 664.
The court granted Mr. Dahlinger's motion for a temporary restraining order and directed the defendants to "reinstate the plaintiff to the status of suspended chief of police, with pay, which he held at the time this action was commenced", pending the outcome of a pre-termination hearing which was "consistent with the procedural due process considerations set forth in this decision."
At its regular monthly meeting on August 20, 1974, the defendant town board, by resolution, appointed a former Milwaukee county judge as a committee of one to conduct a hearing into the charges leveled against the plaintiff. His findings and conclusions were to be submitted to the defendant town board for its determination as to the status of the plaintiff with respect to his employment as chief of police.
Thereafter, the plaintiff filed a motion for a temporary restraining order enjoining such a hearing, claiming that it would operate to deprive him of a neutral and detached decision-maker because the final decision still remained with the defendants. In addition, the defendants requested this court to approve the proposed procedure. In an order dated September 4, 1974, I denied the applications of both parties, indicating that I declined to "clarify" the order of August 1, 1974.
The defendants then implemented the proposed termination hearing procedure. This matter is now before me on the plaintiff's renewed motion for a temporary restraining order as well as the defendants' motion to dismiss. The parties have submitted briefs, affidavits, and transcripts of the various proceedings.
I believe that the defendants have properly complied with the terms of this court's decision and order dated August 1, 1974, and, also, that Mr. Dahlinger's right to a fair pre-termination hearing has been met.
In ruling upon Mr. Dahlinger's ...
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Busche v. Bosman, Civ. A. No. 76-C-559.
...him with a statement of the evidence which would be presented with respect to the charges. See Exhibit 23; Dahlinger v. Town Board of Town of Delavan, 389 F.Supp. 977 (E.D. Wis.1974); Weyenberg v. Town of Menasha, 401 F.Supp. 801 (E.D.Wis.1975). The Court concludes, however, that plaintiff ......