Collins v. Board of Education of North Chicago Community Unit School District 187, 792 F. Supp. 2d 992

Background

Collins applied for North Chicago CUSD 187 HR director position in 2004 and 2009; he was not hired.
In 2009, four Board seats were filled; Collins’s wife, Lanelle Collins, was elected to the Board; Epps was reelected.
After the 2009 election, the Board considered adding a Type 75 Administrative Certificate requirement to the HR director position, but the Board never adopted it.
September 2009 executive session discussed Collins’s application; wife excused; allegations that Myers, Epps, and Graham opposed placing the application on the open session agenda and questioned his qualifications.
Plaintiff alleges ongoing efforts to obtain consideration of his candidacy, but the Board did not place his application on an open-session agenda; he sought resolution by letter without response and sought other employment.
Collins filed a 10-count state court complaint in April 2010; defendants removed to federal court; amended complaint later; several counts were dismissed; distinctions noted about immunity and federal claims.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the state-law claims are barred by the Tort Immunity Act	Plaintiff relies on constitutional rights; state-law claims should proceed.	Act immunizes public employees and entities from tort claims arising from discretionary policy decisions.	Tort Immunity Act bars Counts I and IV; Counts V and VI barred to the extent based on state law; however, §1983 aspects remain viable.
Whether there is an implied private right of action under the oath-of-office provision	Violation of 105 ILCS 5/10-16.5 creates a private action for damages.	No private right of action is implied for oath-of-office violations; primary purpose is student education.	Count I dismissed for lack of a private implied right of action.
Whether Collins states a due process claim based on property interest in employment	Defendants’ actions deprived him of prospective employment without due process.	No state-created property interest in a future job; no entitlement to continued employment exists without a contractual or statutory basis.	Dismissed; no cognizable property interest shown to support a due process claim.
Whether Collins states an occupational liberty claim under due process	Defendants’ actions stigmatized him, harming future employment opportunities.	No public disclosure of stigmatizing statements; internal discussions do not violate occupational liberty.	Dismissed; no public dissemination of stigma proven.
Whether the court should permit amendment to pursue possibly viable theories	Could supplement with new theories to support due process or other claims.	No viable private action remains; amendment unlikely to succeed.	Plaintiff granted 21 days to seek leave to amend consistent with the court’s discussion.

Key Cases Cited

Palka v. Shelton, 623 F.3d 447 (7th Cir. 2010) (occupational liberty requires public disclosure and tangible loss of opportunities)
Townsend v. Vallas, 256 F.3d 661 (7th Cir. 2001) (occupational liberty protects the right to pursue a trade, not a specific job)
Moore v. Muncie Police and Fire Merit Comm'n, 312 F.3d 322 (7th Cir. 2002) (no property interest in a conditional offer or conservative eligibility list for public employment)
Lee v. County of Cook, 862 F.2d 139 (7th Cir. 1988) (to allege a property interest, must show entitlement to governmental benefits)
Roth v. Board of Regents, 408 U.S. 564 (U.S. Supreme Court 1972) (liberty and property interests defined by existing rules or understandings from state law)
Phelan v. City of Chicago, 347 F.3d 679 (7th Cir. 2003) (property rights in public employment may arise from state law or explicit promises)
Ratliff v. City of Milwaukee, 795 F.2d 612 (7th Cir. 1986) (public disclosure requirement for occupational liberty claims)
Krieg v. Seybold, 481 F.3d 512 (7th Cir. 2007) (burden on plaintiff to show a state-law-based entitlement to continued employment)
Cobell v. Norton, not cited in opinion (not applicable) (placeholder)