Jungels v. Pierce, 86 C 1828.
| Decision Date | 21 July 1986 |
| Docket Number | No. 86 C 1828.,86 C 1828. |
| Parties | William P. JUNGELS, Plaintiff, v. David PIERCE, in his official capacity as Mayor of the City of Aurora, and the City of Aurora, Illinois, Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
Jacob Pomeranz, Cornfield and Feldman, Chicago, Ill., for plaintiff.
Glen H. Carrier, Aurora, Ill., for defendants.
ORDER
Before the Court is defendants' motion to dismiss plaintiff's complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated herein, defendants' motion to dismiss is granted.
Plaintiff, William P. Jungels was appointed as a Commissioner of the Civil Service Commission of the City of Aurora in 1980. Jungels' term in that office was to expire in December 1987. On November 25, 1985, a letter written by Jungels, as a private citizen, was published in the Aurora Beacon News. On November 27, 1985, defendant David Pierce, Mayor of the City of Aurora, discharged Jungels from his position as Commissioner. Jungels claims that he was not given any reason for his discharge, nor was he given a hearing, and that these circumstances constituted an unconstitutional deprivation of property without due process as entitled to him under the Fourteenth Amendment. In a second count, Jungels claims that the contents of the letter to the Aurora Beacon News were the reason for his discharge, which constituted a violation of his First Amendment rights. In the third count, Jungels states that Pierce's public announcement that Jungels was being removed because of his prejudice stigmatized Jungels and deprived him of his "liberty" interest in his good name. Jungels seeks exemplary damages, attorneys' fees, and reinstatement to his former position.
A brief summary of the major points of contention is as follows: In Count I, Jungels claims a deprivation of his property interest in his job as Commissioner because he was discharged without notice or an opportunity to be heard. Defendants respond to this claim by stating that the city ordinance which governs the dismissal of employees does not require a hearing. Defendants further contend that Jungels does not have a property interest in his job as Commissioner. In Count II, Jungels states that he was discharged for expressing his views in a public forum and that it was an infringement on his First Amendment rights. Defendants respond to this allegation by stating that Jungels was never prevented from expressing his views in a public forum. Moreover, given the nature of his government position, the views he expressed made it impossible for him to perform his duties in an acceptable manner. Finally, Jungels alleges that the defendant Pierce, in publicly labeling Jungels as prejudiced, stigmatized him and deprived him of his "liberty" interest. Defendants assert that his remarks were not defamatory and that, even if they were, the action is more properly a state court defamation action and should not be heard by the federal court.
Jungels asserts that, after being informed of his dismissal on November 27, 1985, he was given no reason for dismissal nor a hearing for him to express his views. Jungels further states that under Cleveland Board of Education v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985), if a government employee is deprived of a property interest, as defined by state law, that employee is entitled to constitutional protections. Jungels alleges that his position as a Commissioner of the Civil Service Commission constituted a property interest under Illinois law and is thereby entitled to procedural due process protection.
Defendants counter that the governing city ordinance concerning dismissal of employees does not require a hearing and that Jungels did not request a hearing. Pierce also denies that Jungels has a property interest in his position as Commissioner on the City's Civil Service Commission.
In order to qualify for procedural due process protection, a property interest must be defined according to state or local law. Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). Generally, when an employee can be discharged only "for cause," he has a protected property interest in his job. Id.; Perry v. Sinderman, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). On the other hand, "at will" employment does not create a protected property interest. Board of Regents v. Roth, supra; Perry v. Sinderman, supra. The employer's own rules and/or mutually explicit understandings may also support a protected property interest. Perry v. Sinderman, supra.
In the present case, the Court finds that Jungels has a protected property interest in his position as Commissioner. The city ordinance states that a commissioner may only be dismissed "for cause." Even though commissioners are appointed for definite terms, Jungels had a legitimate expectation that he would be able to finish his term, which did not expire until December 1987. This case involves termination, not nonrenewal.
However, the mere existence of a property interest does not necessarily entitle an employee to a full battery of constitutional protections. "Due process is flexible and calls for such procedural protections as the particular situation demands." Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972). In Cafeteria Workers v. McElroy, 367 U.S. 886, 81 S.Ct. 1743, 6 L.Ed.2d 1230 (1961), the Supreme Court found that it is not always necessary to conduct a hearing before dismissing a government employee. The rationale used by the Supreme Court and followed by courts in this jurisdiction is exemplified in cases such as Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968) and Patkus v. Sangamon-Cass Consortium, 769 F.2d 1251 (7th Cir.1985). Both courts used a balancing of interest test to determine whether procedural due process had been violated. In Pickering, a teacher had been dismissed for writing a letter to a local newspaper criticizing the Board of Education. In finding that the teacher's constitutional rights had been violated, the Supreme Court stated: "The problem in any case is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern, and the interest of the state, as an employer, in promoting the efficiency of the public services it performs through its employees." 391 U.S. at 568, 88 S.Ct. at 1734.
In Patkus, the Seventh Circuit Court of Appeals also used an interest balancing test to determine whether plaintiff's rights had been infringed upon. 769 F.2d at 1258. In that case, the court found that the government's interest in efficient operations could outweigh plaintiff's interest in speaking freely.
In the present case, the Court finds that the City of Aurora's interest as an employer outweighs Jungels' interest as a private citizen to express his views. The letter written by Jungels to the Aurora Beacon News on November 25, 1985 shows a clear bias against Hispanics. As Commissioner of the Civil Service Commission, Jungels has a great deal of influence over the hiring and firing of city employees. The Court finds that Jungels' ability to fairly execute his duties as Commissioner and the public's perception of him were substantially undermined by his letter to the Aurora Beacon News.
As to plaintiff's argument concerning federal protections of state created property rights, Cleveland Board of Education v. Loudermill, supra, is clearly distinguishable. That case dealt with a full-time civil service employer. Jungels' position is a part-time one, he attends meetings twice a month, receives a nominal salary, and has no right of tenure or fringe benefits.
Therefore, the Court holds that, under the Pickering balancing test, Jungels does not state a cause of action for violation of his constitutional rights. Even though Jungels has a property interest, it is insubstantial in relation to the interest of the City of Aurora in the fair execution of its employee hiring and discharge process, and in the public's perception of it.
Jungels contends that his discharge due to his letter in the Beacon...
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Jungels v. Pierce
...judge, although agreeing that Jungels had been deprived of a property right without a hearing, granted the motion to dismiss, 638 F.Supp. 317 (N.D.Ill.1986). The suit seems threadbare, but we are constrained to hold that, with the exception of the charge of a stigmatizing discharge, it was ......