Wolf v. Larson

897 F.2d 1409, 1990 WL 27099
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 16, 1990
DocketNo. 89-2047
StatusPublished
Cited by22 cases

This text of 897 F.2d 1409 (Wolf v. Larson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolf v. Larson, 897 F.2d 1409, 1990 WL 27099 (7th Cir. 1990).

Opinion

RIPPLE, Circuit Judge.

Joann R. Wolf brought this action in the district court alleging that the defendants had deprived her of property without due process of law when they abolished her position as Village Collector. The district court held that she had failed to demonstrate a property interest in her position and salary and, consequently, granted summary judgment for the defendants. We affirm.

Facts

The facts of the case are quite simple and undisputed. On April 7, 1987, plaintiff Wolf was elected to a four-year term as Clerk for the Village of Schaumburg at a salary of $3,840 per year. At the time Ms. Wolf was elected as Clerk, Village Ordinance No. 569 provided that the Village Clerk also was designated to hold the office of Village Collector.1 Ordinance No. 569, which was passed in 1969, had been amended over the years to increase the salary of the Collector. At the time Ms. Wolf assumed the position of Collector, the salary was $37,060 per year.

In May 1987, shortly after Ms. Wolfs election, the defendant members of the Board of Trustees of Schaumburg enacted a new ordinance, which, effective May 1, 1988, repealed Ordinance No. 569 and created the office of Village Collector at a salary of $100 per year.2

Ms. Wolf brought a section 1983 action against the Village, certain Village Trustees, and the Village President. She claimed that these defendants deprived her of a property interest in her job as Collector without due process of law. She also alleged that the defendants violated her first amendment rights by repealing Ordinance No. 569 in retaliation for her speeches in support of nonpartisan elee-[1411]*1411tions in Schaumburg. Ms. Wolf also alleged violations of the Illinois Municipal Code as pendent claims.

The district court (Duff, J.) initially denied a motion for preliminary injunction. The case later was reassigned to Judge Aspen, and all parties moved for summary judgment. In granting the defendants’ motion, the district court (Aspen, J.) held that Ms. Wolf had failed to establish that she had a property interest in the position or in its salary. Memorandum Opinion and Order, No. 88 C 3668 (April 19, 1989), R.42 at 7 [hereinafter Mem. Op.]. With respect to the first amendment claim, the district court held that Ms. Wolf had failed to meet her obligation of presenting sufficient evidence to demonstrate the existence of a genuine issue of material fact. Mem.Op. at 7-8 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986)). She could not, ruled the district court, rely solely on the allegations in the complaint. Mem.Op. at 8 (citing Beard v. Whitley County REMC, 840 F.2d 405, 410 (7th Cir.1988)).

Analysis

On appeal, Ms. Wolf asks that we review the district court’s disposition of her due process claim.

Both the procedural and substantive principles controlling the disposition of this case are well established and do not need extended elaboration. When reviewing the grant of summary judgment by the district court, our review is de novo. “ ‘[W]e must decide whether the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to the judgment as a matter of law.’ ” Wolf v. City of Fitchburg, 870 F.2d 1327, 1329 (7th Cir.1989) (quoting Colan v. Cutler-Hammer, Inc., 812 F.2d 357, 360 (7th Cir.) (per curiam), cert. denied, 484 U.S. 820, 108 S.Ct. 79, 98 L.Ed.2d 42 (1987)). Here, the facts are not in dispute and the case turns on the application of a well-established legal principle that also is not in dispute. As we noted recently in Wolf v. City of Fitchburg, 870 F.2d at 1330:

To prevail under the due process clause in the employment context, a plaintiff must establish a property interest in the employment. As the Supreme Court noted in Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972):
To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it. It is a purpose of the ancient institution of property to protect those claims upon which people rely in their daily lives, reliance that must not be arbitrarily undermined. It is a purpose of the constitutional right to a hearing to provide an opportunity for a person to vindicate those claims.
Property interests “are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.” Id.

See also Corcoran v. Chicago Park Dist., 875 F.2d 609, 611-12 (7th Cir.1989); Lee v. County of Cook, 862 F.2d 139, 141-43 (7th Cir.1988).

Ms. Wolf’s principal contention is that the applicable Illinois statutes and ordinances created a property interest in the position and its salary that can be characterized as a “legitimate claim of entitlement.” She relies heavily on the holding of the Appellate Court of Illinois in Dumke v. Anderson, 44 Ill.App.3d 626, 3 Ill.Dec. 177, 358 N.E.2d 344 (1976). In Dumke, the Village of Oak Lawn had passed an ordinance providing that, pursuant to section 3-8-3 of the Illinois Municipal Code, the village clerk “shall hold the office of village collector.” 3 Ill.Dec. at 179-80, 358 N.E.2d at 346-47. Like plaintiff Wolf, the plaintiff in Dumke was elected to the office of clerk, and thus also became collector. Id. 3 Ill.Dec. at 180, 358 N.E.2d at 347. As in this case, most of the income for the [1412]*1412clerk-collector came from the collector position. Id. The village board then passed an ordinance, effective at the end of the fiscal year, reducing the collector’s salary to a nominal amount. The board also had an ordinance prepared that would abolish the position of collector. Id.

On appeal, the Appellate Court of Illinois for the First District held that the board could not reduce the collector’s salary and could not abolish the position. Id. 3 Ill. Dec. at 183-84, 358 N.E.2d at 350-51. The reasoning of the Dumke court was as follows.

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Wolf v. Larson
897 F.2d 1409 (Seventh Circuit, 1990)

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Bluebook (online)
897 F.2d 1409, 1990 WL 27099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolf-v-larson-ca7-1990.