Farmer v. Lane

• Citation: 864 F.2d 473
• Decision Date: 14 December 1988
• Docket Number: No. 87-3149,87-3149
• Parties: Darrell FARMER, Plaintiff-Appellant, v. Michael LANE, Doug Brown, Linda Williamson, Jay Delicandro, Rocco Biscaglia, and Reid Paxson, Defendants-Appellees.
• Court: United States Courts of Appeals. United States Court of Appeals (7th Circuit)

Page 473

864 F.2d 473

Darrell FARMER, Plaintiff-Appellant, v. Michael LANE, Doug Brown, Linda Williamson, Jay Delicandro, Rocco Biscaglia, and Reid Paxson, Defendants-Appellees.

No. 87-3149.

United States Court of Appeals, Seventh Circuit.

Argued Sept. 14, 1988.

Decided Dec. 14, 1988.

Dennis M. Fleming, Wahler Pecyna & Fleming, Chicago, Ill., for plaintiff-appellant.

Deborah L. Ahlstrand, Chicago, Ill., for defendants-appellees.

Before CUDAHY, RIPPLE and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

In this case Darrell Farmer, a probationary employee with the Illinois Department of Corrections (the "DOC"), attempts to assert an infringement of constitutionally-protected interests through a tangled web of procedural and state law problems. Farmer brings this action under 42 U.S.C. Sec. 1983. He alleges that upon completion of his probationary period, he was wrongfully denied certification in retaliation for his decision to run for political office. Farmer claims that in taking this retaliatory action, the defendants violated his first amendment rights to freedom of speech and association, and his fourteenth amendment right to due process.

The district court granted defendants' motion to dismiss, holding (1) that Farmer was collaterally estopped from raising his substantive claims because they had already been litigated in a concurrent state proceeding, and (2) that Farmer could not invoke fourteenth amendment procedural protections because as a probationary employee he had no protectable property interest in continued employment. We differ somewhat from the district court in our recognition that Illinois has moved to extend property rights to some probationary employees. We nonetheless affirm, because Illinois law does not now recognize such rights in employees in Farmer's position.

I.

A.

On December 17, 1984, Farmer was hired as an Apprehension Specialist by the DOC. Farmer alleges that he received his job in return for his political support of defendant Linda Williamson (an Illinois State Representative), who interceded with defendant Jay Delicandro (a Governor's Aide "in charge of patronage") to get Farmer his job. Farmer then commenced a six-month probationary period.

The Illinois Administrative Code requires that probationary employees in Farmer's position receive two evaluations--one at the end of three months, and the other fifteen days before the end of the probationary period. Ill.Adm.Code tit. 80, Sec. 302.270. Following his first evaluation, which was uniformly positive, Farmer was approached by defendant Rocco Biscaglia (Williamson's campaign manager) for additional financial contributions to Ms. Williamson's campaign. Farmer's complaint alleges that he turned Biscaglia down and publicly declared his intention to run against Ms. Williamson in the next election. A co-worker of Farmer's, defendant Reid Paxson, subsequently warned Farmer that he would lose his job if he did not withdraw his candidacy. Farmer did not withdraw. At the close of the six-month probationary period, Farmer's supervisor drew up a second evaluation, rating Farmer positively and recommending certification. At this point, according to Farmer's complaint, defendants Michael Lane (the DOC Director) and Doug Brown (the DOC Deputy Director), acting at the behest of Williamson and Delicandro, ordered Farmer's supervisor to change his positive evaluations. When the supervisor refused, Brown ordered the secretary who typed up the forms to change Farmer's evaluation to show negative performance ratings and a negative recommendation as to certification. Farmer was denied certification and discharged from his job effective June 17, 1985.

Farmer attempted an immediate appeal to the Illinois Civil Service Commission (the "Commission"). After receiving his termination notice, Farmer had also mistakenly received notice that he had been certified. The Commission ruled that Farmer's certification was not effective, and that as a probationary employee Farmer was not entitled to a Commission hearing.

B.

Farmer then initiated proceedings in state court, and on October 6, 1986, filed an amended complaint in four counts. The state court action named as defendants the Commission, the DOC, the Illinois Department of Central Management Services ("CMS"), and Richard McClure (the Director of CMS). The state trial court held a bench trial in October, 1987. Farmer v. McClure, No. 85 CH 6052 (Cir.Ct. of Cook Cty. Oct. 23, 1987) ("Farmer I "). Count I, which requested review of the Commission's decision that it lacked jurisdiction, was dismissed. The state court held for Farmer on Count II (requesting injunctive relief, reinstatement and back pay) and Count IV (requesting mandamus relief). It held for the defendants on Count III, which asserted that Farmer's discharge was in retaliation for political activity, in violation of the Illinois constitution, Illinois statutes and the first and fourteenth amendments of the U.S. Constitution. The state court's order on these counts was stayed pending appeal to the Appellate Court of Illinois.

Because this case involves questions of collateral estoppel and res judicata, it is important to understand clearly the precise nature of the claims in the state court proceeding. Count I (dismissed) requested administrative review of the Illinois Civil Service Commission's decision. Count II (in Farmer's favor) alleged violations of personnel rules contained in the Illinois Administrative Code, and also asserted--without citing directly to any constitutional or statutory provision--that Farmer had been "denied liberty and property without due process." Plaintiff's Second Amended Complaint for Injunctive Relief and Administrative Review at 5, Farmer I, reprinted in Joint Appendix at A-3. In ruling on this count, the state court considered only violations of the Illinois rules and did not discuss any federal due process issues. Count IV (in Farmer's favor) alleged violations of the Illinois Administrative Code and of Farmer's union contract. Here the state court explicitly based its findings on the rules violations and not on the contract theory. Count III (against Farmer) was the only count to overtly raise federal constitutional issues, and it also asserted violations of Illinois statutes and the Illinois constitution. In finding against Farmer on the retaliation issue, the state court refused to limit its decision to McClure and the parties in the state court action. Thus, when plaintiff's counsel asked the state trial judge, "[J]ust for clarification purposes, because there is that matter that counsel eluded [sic] to in the Federal Court, your ruling on the political activities is directed solely toward McClure since McClure was the only part[y] before you, correct?" the judge responded:

I disagree. It was with respect to the agency people, too, because just the same as McClure is stuck with deficiencies in the rules that are made by agency people, ... if he [Farmer] could make out a case of political hiring or firing on the part of the employing agency, that McClure might very well be stuck with that if there was such a claim that could be made.

All I am saying here is that I don't find by a preponderance that he was hired for political reasons or by a preponderance that he was fired, that the conduct of Thomas or Brown or McClure was motivated by political purposes either. I just think it's wholly lacking in credible evidence on the issue of hiring or firing for political reasons.

Record at 17, Farmer I, reprinted in Joint Appendix at A-4. The court found it far more likely that Farmer's difficulties resulted from an unpleasant encounter between Farmer and defendant Lane, retaliation for which was more "personal" than "political." Id. at 18.

In June 1988, the Illinois Appellate Court affirmed, ruling that sovereign immunity did not bar relief, that the plaintiff had a cause of action for mandamus relief and that the plaintiff was entitled to relief because the agency was required by law to follow its stated procedures. Farmer v. McClure and Tristano, 172 Ill.App.3d 246, 122 Ill.Dec. 227, 526 N.E.2d 486 (1988) ("Farmer II "). The Appellate Court strongly affirmed the trial court's ruling that Farmer had a right to be evaluated according to the applicable Illinois procedures--a right not only to receive his evaluation according to the deadlines set by the Administrative Code but also to respond to his evaluation as provided in the Illinois evaluation forms. Defendants' petition for rehearing on this appeal has been denied, and they have indicated that they plan to appeal to the Illinois Supreme Court.

C.

In June of 1987, Farmer had concurrently instituted a suit in the Northern District of Illinois. His complaint alleged that the defendants had, under color of state law, acted individually to deprive him of rights, privileges and immunities guaranteed by the United States Constitution "including but not limited to his right to free speech, his right to free political association, and his right not to be deprived of life, liberty, and property without due process." Plaintiff's Complaint at 3, Farmer v. Lane, No. 87 C 5079, (N.D.Ill. Dec. 14, 1987) ("Farmer III "), reprinted in Joint Appendix at A-1. Defendants moved to dismiss and the district court granted the motion. The court divided Farmer's complaint into procedural and substantive due process claims. It ruled that, because Farmer's substantive political retaliation claim had been fully litigated in state court, collateral estoppel applied to that part of his claim. However, the district court determined that because one of Farmer's procedural claims had been dismissed before consideration on the merits by the state court, Farmer was not collaterally estopped with respect to procedural due process. The court nevertheless proceeded to dismiss this claim "because plaintiff could have no reasonable expectation of continued employment." Farmer III,...