Michael Campos v. Cook County
Opinion
After Michael Campos's August 2011 arrest for driving under the influence, his employer-the Cook County Sheriff's Office-began termination proceedings. The Merit Board has voted to terminate Campos's employment on two occasions. But both times the Cook County Circuit Court vacated the decision. And, to this day, the termination proceedings are ongoing. Instead of waiting for their completion, Campos filed this federal law suit alleging, among other things, that the protracted proceedings have violated his substantive due process rights. Because Campos has not met the high standard for stating a substantive due process claim, we affirm the district court's dismissal of his claims.
I. BACKGROUND
In 1997, Michael Campos began working for the Cook County Sheriff's Office as a correctional officer. In August 2011, he was arrested for driving under the influence, striking a vehicle, and leaving the scene of an accident. Campos self-reported the incident, and the sheriff suspended him without pay on November 29, 2011, and referred him for termination. By law, the Cook County Sheriff's Merit Board has exclusive authority to terminate Sheriff's Office employees. 55 Ill. Comp. Stat. 5/3-7012.
While the Merit Board proceedings were ongoing, the Cook County Circuit Court granted Campos's motion to suppress and quashed his arrest. On October 15, 2015, the Merit Board voted to terminate Campos for violating state law. He petitioned the circuit court for review approximately *974 one year later. On January 18, 2017, the circuit court granted Campos's petition, vacated the Merit Board's decision as too vague to allow for judicial review, and remanded for a second attempt.
In April 2017, the Merit Board once again voted to terminate Campos. He sought judicial review. And on March 9, 2018, the circuit court vacated and remanded a second time. But this time, the court vacated the Merit Board's decision not because of some defect in the reasoning but because of a defect in the Merit Board's composition.
The circuit court relied upon a developing line of cases involving interim appointments to the Merit Board. In
Taylor v. Dart
, the Illinois Appellate Court found that the Merit Board Act does not permit the sheriff to appoint Merit Board members to terms of fewer than six years.
At this point, it had been almost seven years since the sheriff suspended Campos without pay. Rather than wait for a third Merit Board decision, he filed suit in federal court. Campos's initial complaint-filed on March 29, 2018-named eighteen defendants and advanced five claims. Besides suing Cook County, the Cook County State's Attorney's Office, the sheriff, the Merit Board, and the Board's members, he also sued the law firm Steptoe and Johnson, LLP, and three of its attorneys (who represented the county in the circuit court proceedings). On May 2, 2018, the Steptoe defendants filed a motion to dismiss the claims against them. The district court scheduled a hearing on the motion for May 11, 2018.
On May 10, Campos filed an amended complaint in which he renewed his claims against all defendants (except the Cook County State's Attorney's Office) and added a sixth claim (for First Amendment retaliation). The district court held the already-scheduled hearing the next day. When plaintiff's counsel advised the court that he had filed an amended complaint the day before, the court noted that it had not granted leave to file an amended complaint. The court referred to the Local Rules for the Northern District of Illinois and concluded that the original complaint remained the operative document. See N.D. Ill. L.R. 5.3(b) ("Every motion or objection shall be accompanied by a notice of presentment specifying the date and time on which, and judge before whom, the motion or objection is to be presented."). After that finding, the court dismissed the Steptoe defendants with prejudice.
Several months later, the remaining defendants filed a motion to dismiss the amended complaint. On November 5, 2018, the court granted that motion and dismissed the amended complaint with prejudice. Campos appealed.
II. ANALYSIS
We review the dismissal of a complaint for failure to state a claim de novo .
*975
Kanter v. Barr
,
Accordingly, we limit our analysis to whether Campos has stated substantive due process claims. For the reasons that follow, he has not. And, although Campos spends considerable time discussing recent decisions by the Illinois appellate courts which limit Taylor 's impact, we find this line of argument to be a red herring. Because Campos did not state cognizable claims, the district court properly dismissed with prejudice.
A. Campos Did Not State Substantive Due Process Claims
"[T]he scope of substantive due process is very limited."
Tun v. Whitticker
,
"[E]mployment-related rights are not fundamental."
Palka v. Shelton
,
Campos spends considerable time arguing that he possesses a property interest in continued employment. The defendants do not deny he does, and we assume the same. The dispositive question is whether Campos's allegations satisfy the remaining elements.
To begin with, Campos hasn't alleged an independent constitutional violation. He seems to contend that "[h]is property interest
*976
was the
other constitutional right
." But the existence of a property right is a predicate to a due process claim.
Hudson v. City of Chicago
,
On appeal, Campos makes no mention of the First Amendment retaliation claim which he alleged in his amended complaint. Accordingly, he has waived any challenge to the district court's dismissal of that claim.
Puffer v. Allstate Ins. Co.
,
Campos also argues that the protracted state court proceedings demonstrate the inadequacy of his state law remedies. He cites to cases which establish that public employers must provide tenured employees with a timely and meaningful hearing before termination.
See, e.g.
,
Cleveland Bd. of Educ. v. Loudermill
,
Campos's allegations fall short. To begin with, his state court remedies have, in fact, been effective. He's twice convinced the circuit court to vacate the Merit Board's decision. The fact that the circuit court identified problems in both Merit Board decisions doesn't show that the Merit Board procedures are inadequate-it demonstrates that the review process has worked.
See
Palka
,
Of course, the Fourteenth Amendment guarantees Campos an opportunity to be heard regarding his termination "at a meaningful time and in a meaningful manner."
Logan v. Zimmerman Brush Co.
,
But there is no bright-line rule for determining when protracted review proceedings run afoul of due process.
See
Mathews v. Eldridge
,
We offer no opinion regarding when delays in reaching a final adjudication might offend procedural due process. We merely find that the convoluted proceedings here are evidence that Campos has received repeated-and efficacious-opportunities to challenge his termination. The district court properly dismissed Campos's due process and conspiracy claims.
B. The District Court Did Not Abuse Its Discretion By Dismissing Campos's Claims With Prejudice
Finally, Campos argues that the district court erred when it dismissed his claims with prejudice. We review that decision for abuse of discretion.
Haywood v. Massage Envy Franchising, LLC
,
We are slightly more concerned about the district court's dismissal of the Steptoe defendants (back in May 2018). That dismissal came after Campos filed an amended complaint as of right (as permitted by Federal Rule of Civil Procedure 15(a)(B) ) but before defendants filed a motion to dismiss that new complaint. At the May 11, 2018, hearing, the district court suggested that the amended complaint wasn't properly filed because it hadn't been "presented," as required by the Local Rules. N.D. Ill. L.R. 5.3(b) ("Every motion or objection shall be accompanied by a notice of presentment specifying the date and time on which, and judge before whom, the motion or objection is to be presented.").
Local Rule 5.3(b) applies only to motions or objections, and an amended complaint filed as of right is neither. The district *978 court thus dismissed the Steptoe defendants sua sponte and without considering the facts alleged against them in the operative complaint.
If Campos could conceivably state a claim against the Steptoe attorneys, we would remand. But § 1983 plaintiffs can sue private attorneys for constitutional violations only if they were "engaged in a conspiracy with state officials to deprive another of federal rights."
Tower v. Glover
,
III. CONCLUSION
The Cook County Sheriff referred Campos for termination in 2011, and the proceedings are still pending to this day. But the lengthy review process demonstrates Campos's success in attacking the Merit Board's decisions, not the inadequacy of the state remedies. The doctrine of substantive due process does not guarantee expeditious review; it merely protects fundamental rights from government deprivation by arbitrary and outrageous conduct. He doesn't allege any such conduct here. AFFIRMED.
After Taylor , the Illinois General Assembly amended the Merit Board Act to allow the sheriff to make interim appointments. 55 Ill. Comp. Stat. 5/3-7002 (as amended effective Dec. 8, 2017). The sheriff has now reconstituted the Board, correcting the problem identified in Taylor .
In his reply brief, Campos finally unveils the basis for this mysterious "stigma-plus" claim. He seems to mean what we've referred to as an "occupational-liberty claim."
See
Palka
,
We note, briefly, that post-
Taylor
developments in Illinois law do not affect our analysis (despite Campos's arguments to the contrary). In
Lopez v. Dart
, the Illinois appellate court applied the
de facto
officer doctrine-which confers validity on acts performed by a person acting under color of title even if a later defect in his or her appointment comes to light-to Merit Board decisions.
Reference
- Full Case Name
- Michael O. CAMPOS, Plaintiff-Appellant, v. COOK COUNTY, Et Al., Defendants-Appellees.
- Cited By
- 93 cases
- Status
- Published