From Casetext: Smarter Legal Research

Confederation of Police v. City of Chicago

United States Court of Appeals, Seventh Circuit
Jan 6, 1977
547 F.2d 375 (7th Cir. 1977)

Summary

holding that, under 65 ILCS 5/10-1-18.1, a police officer's property interest does not extend to conditions for employment, it is limited to protection from discharge or suspension

Summary of this case from Hudson v. City of Chicago

Opinion

No. 74-2026.

Remanded June 28, 1976.

Decided January 6, 1977.

Gilbert A. Cornfield, Chicago, Ill., for plaintiffs-appellants.

William R. Quinlan, Acting Corp. Counsel, Robert R. Retke, Asst. Corp. Counsel, Daniel Pascale, Chicago, Ill., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Illinois.

Before FAIRCHILD and CUMMINGS, Circuit Judges, and GRANT, Senior District Judge.

Senior District Judge Robert A. Grant of the Northern District of Indiana is sitting by designation.


In this case the Confederation of Police, an employee organization consisting of a majority of the sworn members of the Chicago Police Department in the patrol officer classification, and several of its officers challenge the failure of the Chicago Police Department to supply a grievance procedure or to allow collective bargaining with respect to adverse action short of discharge taken by the Department against patrol officers. Plaintiffs contend that Chicago patrol officers are subject to changes in geographic assignments and work schedules, denials of proposed vacation schedules and leaves of absence, and demotions without effective explanation or review. They urge that this deficiency violates the equal protection and due process clauses of the fourteenth amendment to the Constitution.

The district court held for defendants on both claims, and dismissed the complaint. This court reversed, stating due process requires that the Department utilize a written grievance procedure in taking adverse action short of discharge against patrol officers. It affirmed, however, the district court's holding that the Department's failure to permit collective bargaining over adverse action did not violate the equal protection clause. 529 F.2d 89 (7th Cir. 1976).

This court did not rule on whether collective bargaining could be required under the due process clause.

The Supreme Court vacated this court's judgment and remanded the case for further consideration in light of Montanye v. Haymes, 427 U.S. 236, 96 S.Ct. 2543, 49 L.Ed.2d 466 (1976); Meachum v. Fano, 427 U.S. 215, 96 S.Ct. 2532, 49 L.Ed.2d 451 (1976); and Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976). We now conclude that our previous decision was incorrect, and affirm the judgment of the district court.

Our previous decision was bottomed on the premise that a Chicago patrol officer has a property interest, protected by the due process clause, in the conditions of his employment. Because we found that a patrol officer had a state law entitlement to a particular situation or job, we held that he could not be transferred to a job imposing substantially greater burdens or with less pay without the provision of procedural due process. It is now clear that our underlying premise was erroneous. In Bishop v. Wood, the Supreme Court held that the existence of a property interest in public employment cognizable under the due process clause depends on whether state law has affirmatively created an expectation that a particular employment relationship will continue unless certain defined events occur. See 426 U.S. at 344, 96 S.Ct. at 2078. See also Paul v. Davis, 424 U.S. 693, 710-712, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976) (a property interest attains constitutional status by virtue of initial recognition and protection by state law).

There is no Illinois law, whether from a statutory, regulatory, or judicial source, that protects a Chicago patrol officer from adverse action short of discharge or suspension by the Police Department. In its earlier opinion, this court cited Ill.Rev.Stat. Ch. 24, § 10-1-18.1, as a source of protection for a patrol officer's particular job conditions. This statute, however, is limited by its own terms to discharges or suspensions.

Absent affirmative recognition in Illinois law of an entitlement to particular job conditions, plaintiff's due process claim must fail. Accordingly, the judgment of the district court is affirmed, with costs in the Supreme Court as well as costs of appeal allowed to appellee.


Summaries of

Confederation of Police v. City of Chicago

United States Court of Appeals, Seventh Circuit
Jan 6, 1977
547 F.2d 375 (7th Cir. 1977)

holding that, under 65 ILCS 5/10-1-18.1, a police officer's property interest does not extend to conditions for employment, it is limited to protection from discharge or suspension

Summary of this case from Hudson v. City of Chicago

concluding that Chicago police officer did not have a property interest in particular job conditions and stating that an officer's property interest is limited to prevention of discharges or suspensions without due process

Summary of this case from Murphy v. City of Chicago

determining that because a police officer does not have a "state law entitlement to a particular situation or job," transferring an officer "to a job imposing substantially greater burdens or with less pay" does not implicate the Due Process Clause

Summary of this case from Leibas v. Dart

In Confederation, employees of the Chicago Police Department challenged the failure of the police department to supply a grievance procedure or to allow collective bargaining with respect to adverse action short of discharge.

Summary of this case from Stevens v. Joint Sch. Dist. No. 1, Tony, Etc.
Case details for

Confederation of Police v. City of Chicago

Case Details

Full title:CONFEDERATION OF POLICE, A NOT FOR PROFIT CORPORATION, ET AL.…

Court:United States Court of Appeals, Seventh Circuit

Date published: Jan 6, 1977

Citations

547 F.2d 375 (7th Cir. 1977)

Citing Cases

Stevens v. Joint Sch. Dist. No. 1, Tony, Etc.

Therefore, on the basis of Paul, Bishop and Meachum, it could still be argued that as long as state law does…

Shamley v. City of Chicago

Although the mishandling of the specimens may constitute negligence, defendants are immune from liability…