Kuhnhoffer v. Naperville Community School District 203

758 F. Supp. 468, 1991 U.S. Dist. LEXIS 3367, 1991 WL 33832
CourtDistrict Court, N.D. Illinois
DecidedMarch 7, 1991
DocketNo. 90 C 4234
StatusPublished
Cited by2 cases

This text of 758 F. Supp. 468 (Kuhnhoffer v. Naperville Community School District 203) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kuhnhoffer v. Naperville Community School District 203, 758 F. Supp. 468, 1991 U.S. Dist. LEXIS 3367, 1991 WL 33832 (N.D. Ill. 1991).

Opinion

ORDER

BUA, District Judge.

Plaintiff in this case alleges that he was terminated in violation of his constitutional right to due process. Defendants contend that plaintiff did not have a contract of employment. Based on this contention, defendants have moved to dismiss plaintiff’s complaint. For the reasons stated herein, defendants’ motion to dismiss is granted.

I. FACTS

From 1979 to 1988, plaintiff Larry Kuhn-hoffer was employed as a school bus driver for defendant Naperville Community School District 203 (“School District”). At the end of each particular school year, Kuhnhoffer received a letter from the School District thanking him for his work during the year and inviting him to return as a bus driver for the following year. On May 27, 1988, Kuhnhoffer received the following letter from the School District:

Dear Mr. Kuhnhofer 1:

Thank you for your work for Naperville students during the 1987/88 school year. We appreciate your efforts and recognize the important role which you play in the District’s educational program.
Based upon your performance this year and the staff needs which we anticipate at this time, we are looking forward to your return to your position for the 1988/89 school year.
I hope that you will find your summer to be enjoyable and rewarding. If I can be of any assistance, please do not hesitate to call me.
Sincerely,
(signed)
Dr. Michael L. Kiser
Assistant Superintendent for Personnel

On July 26, 1988, just two months after he received that letter, Kuhnhoffer was arrested by the Naperville Police Department for driving under the influence of alcohol. Kuhnhoffer refused to submit to a breathalyzer test upon his arrest.

Shortly after Kuhnhoffer was arrested, the Office of the Illinois Secretary of State (“Secretary of State”) notified the Illinois State Board of Education (“Board of Education”) that Kuhnhoffer would begin serving a six-month summary suspension of his driving privileges on September 10, 1988.2 The Board of Education, in turn, notified the DuPage County Educational Service Region that Kuhnhoffer’s bus driver’s permit would be suspended as of September 10, and that he would not be eligible to reapply for his permit until March 11, 1992. Michael L. Kiser, Assistant Superintendent of the School District, received the same notification from the Board of Education.

The 1988-89 school year was scheduled to begin on August 25, 1988, and all school bus drivers were to report to work on or [470]*470before August 24, 1988. Approximately two weeks before the start of the school year, Kiser informed Kuhnhoffer that he would not be hired as a school bus driver because of the DUI arrest.

Claiming that his employment was terminated without due process, Kuhnhoffer filed this lawsuit against the School District and Kiser pursuant to 42 U.S.C. § 1983. In Counts I and II of his three-count amended complaint, Kuhnhoffer asserts due process claims against the School District and Kiser respectively. Count III asserts a pendent state law claim for breach of implied contract. Defendants now move to dismiss the complaint in its entirety.

II. DISCUSSION

As with any procedural due process claim, Kuhnhoffer must first establish that he has a property interest in his employment. Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976). Kuhn-hoffer cannot claim a property interest based on a unilateral expectation of employment; he must have a “legitimate claim of entitlement.” Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972).

Kuhnhoffer bases his alleged property interest on the May 27 letter sent by Kiser. According to Kuhnhoffer, that letter, coupled with the parties’ course of dealing over the previous nine years, was sufficient to create an implied contract of employment. Kuhnhoffer is correct in asserting that property interests may be created by express or implied contracts. Farmer v. Lane, 864 F.2d 473, 478 (7th Cir.1988); Vail v. Board of Educ., 706 F.2d 1435, 1437 (7th Cir.1983), aff’d, 466 U.S. 377, 104 S.Ct. 2144, 80 L.Ed.2d 377 (1984). But Kuhnhoffer’s argument presupposes that the parties had an existing employment agreement. Defendants have denied that a contract was ever formed. They contend that the May 27 letter did not constitute an offer, but rather was a mere “invitation” for possible future employment. This distinction appears to be one of semantics. At any rate, the question of whether the letter constituted an offer need not be resolved. Assuming, without deciding, that the letter was an offer of employment, the court finds that the offer was properly revoked prior to acceptance.

This case involves the principles of the unilateral contract. A unilateral contract arises from a promise made by one party in exchange for the other party’s act or performance. Greene v. Oliver Realty, Inc., 363 Pa.Super. 534, 526 A.2d 1192, 1194 (1987). The School District offered to employ Kuhnhoffer in exchange for Kuhnhoffer’s performance; the offer did not solicit a return promise from Kuhn-hoffer (and none was given). Because an offer for a unilateral contract is accepted by performance, Olympia Equip. Leasing Co. v. Western Union Tel. Co., 797 F.2d 370, 380 (7th Cir.1986), cert. denied, 480 U.S. 934, 107 S.Ct. 1574, 94 L.Ed.2d 765 (1987), the School District was not contractually bound until Kuhnhoffer commenced performing. Redd v. Woodford County Swine Breeders, Inc., 54 Ill.App.3d 562, 566, 12 Ill.Dec. 529, 532, 370 N.E.2d 152, 155 (1977).

The School District was free to revoke the offer any time prior to acceptance. United States v. Harris, 325 F.Supp. 1122, 1124 (N.D.Cal.1971), aff’d, 453 F.2d 862 (9th Cir.1972). After learning that Kuhn-hoffer’s license would be suspended for six months, the School District promptly notified Kuhnhoffer that he would not be hired as a bus driver for the 1988-89 school year. This action, which constituted a revocation of the offer, was certainly justified. After all, school bus drivers must have a valid driver’s license. Ill.Rev.Stat. ch. 95½, para. 6-106.1 (1989). Kuhnhoffer could not maintain a bus driver’s permit if his driver’s license was suspended. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
758 F. Supp. 468, 1991 U.S. Dist. LEXIS 3367, 1991 WL 33832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuhnhoffer-v-naperville-community-school-district-203-ilnd-1991.