Federal Judiciary

No Due Process Claim for Momma?s Boy

By Robert Loblaw

Miyler v. Village of East Galesburg, 06-3625 (7th Cir., Jan. 9, 2008)

This § 1983 lawsuit involves a pretty cozy arrangement: plaintiff Cody Miyler served as the Chief of Police of the tiny village of East Galesburg, Illinois, and he reported to the Village President, who also happened to be his mother. It was Miyler?s understanding that only his mom could fire him, so he apparently took some liberties that other police chiefs might not have taken. According to the Village Board of Trustees, these liberties included

providing beer to some underage boys, using a local brickyard for a firing range, and being ticketed for riding a motorcycle without a valid license, a ?violation? to which he entered a guilty plea.

So the Board fired Miyler, and he sued, claiming that the Village violated his due process rights by not following the termination procedures set forth in the Village?s ordinances. The district court granted summary judgment for the Village.

On appeal, the Seventh Circuit affirms. The Court explains that although the Board may have violated local ordinances by making an end run around Miyler?s mom, there is no constitutional claim here because Miyler had no protected property interest in his job. That?s right: even when your boss is your mom, you are still just an at-will employee.

Full post as published by Decision of the Day on January 09, 2008 (boomark / email).