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Slip Opinion
N.D.N.Y.
2020
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Background:

  • Kampfer was appointed by the Mayfield Town Board on July 11, 2017 to replace the town Dog Control Officer who resigned effective August 11, 2017; the Board members say the appointment was to run only to December 31, 2017 (the remainder of the prior term); Kampfer contends he believed the appointment was permanent.
  • An oath of office submitted to the court lists Kampfer’s appointment dates as 8/11/17–12/31/17; Kampfer says those dates were not on the form when he signed it. He refused to sign a later independent contractor agreement that explicitly covered July–December 2017.
  • In August 2017 Kampfer attended an executive session where the Board criticized his letter to residents and asked him to limit travel reimbursements; he also alleges he filed a complaint with the New York Attorney General about the Board’s request to sign the contractor agreement (no proof the AG acted or that the Board was notified).
  • The Board voted in executive session on December 12, 2017 not to reappoint Kampfer and informed him by letter that his appointment would end on December 31, 2017; he was paid for the period worked and returned town equipment.
  • Kampfer sued individual Board members under 42 U.S.C. § 1983 (procedural and substantive due process, First Amendment retaliation, Seventh and Eighth Amendment theories) on January 2, 2018; the District Court granted Defendants’ summary judgment motion and dismissed the Amended Complaint on February 25, 2020.

Issues:

Issue Plaintiff's Argument Defendant's Argument Held
Procedural due process: Did Kampfer have a property interest in continued employment or in a written appointment? Kampfer argues he had a right to continued appointment (and a written appointment) because he was selected and began serving as Dog Control Officer. Defendants argue no statutory or contractual property interest existed; appointments were annual and Kampfer refused the written contract. No property interest; no entitlement to hearing or written appointment; summary judgment for Defendants.
Substantive due process: Were Defendants’ actions conscience-shocking? Kampfer contends deprivation of his position violated substantive due process. Defendants contend there was no protected property interest, and their conduct was not arbitrary or conscience-shocking. Claim fails: no cognizable substantive due process right in this context; action not conscience-shocking.
First Amendment retaliation: Did Kampfer engage in protected speech and was non-reappointment retaliatory? Kampfer says his complaint to the AG about the alleged illegal contractor agreement was protected speech and caused the Board not to reappoint him. Defendants say his speech was either not a public‑concern speech or they lacked knowledge of it; in any event no causal link. No causation shown (no evidence Board knew of AG complaint; timing alone insufficient); also not shown to be matter of public concern; summary judgment for Defendants.
Seventh & Eighth Amendment claims: Are these independent bases for relief? Kampfer invokes the Seventh (jury) and Eighth (cruel and unusual punishment) Amendments as additional grounds. Defendants note the Seventh Amendment preserves jury trial rights but is not an independent §1983 cause; the Eighth applies only to convicted persons. Dismissed: Seventh not a standalone §1983 claim; Eighth inapplicable to non‑convicted plaintiff.

Key Cases Cited

  • Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972) (no property interest where appointment terminated on fixed date and renewal not guaranteed)
  • S & D Maintenance Co. v. Goldin, 844 F.2d 962 (2d Cir. 1988) (public‑employment property interest arises from statute or contract)
  • Kapps v. Wing, 404 F.3d 105 (2d Cir. 2005) (legitimate claim of entitlement required for property interest)
  • Pickering v. Board of Education, 391 U.S. 563 (1968) (distinguishes public‑employee speech when speaking as citizen on matters of public concern)
  • Connick v. Myers, 461 U.S. 138 (1983) (defines "public concern" in First Amendment employment context)
  • Nagle v. Marron, 663 F.3d 100 (2d Cir. 2011) (defendant may show it would have taken same action absent protected speech)
  • Okin v. Village of Cornwall-On-Hudson Police Dep’t, 577 F.3d 415 (2d Cir. 2009) (substantive due process requires conduct that shocks the conscience)
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Case Details

Case Name: Kampfer v. Argotsinger
Court Name: District Court, N.D. New York
Date Published: Feb 25, 2020
Citations: 2020 WL 906274; 1:18-cv-00007
Docket Number: 1:18-cv-00007
Court Abbreviation: N.D.N.Y.
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