Peraica v. Riverside-Brookside High School District No. 208
999 N.E.2d 399
Ill. App. Ct.2013Background
- Plaintiffs alleged state-law violations (Property Tax Code 18-115; Election Code 9-25.1) and federal/Illinois constitutional rights, plus Civil Rights Act 1983 claims.
- District placed a tax-increase referendum; it was defeated in April 2011; plaintiffs sought expedited declaratory and injunctive relief.
- Second amended complaint focused on alleged First Amendment rights violation from using public funds to advocate the referendum.
- Trial court granted dismissal of earlier counts; second amended complaint was dismissed for failure to state a claim.
- Court held no recognizable constitutional rights violation under 1983; affirmed dismissal with prejudice and denied attorney-fee request; cross-appeal on fees denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1983 claim is sufficiently pled against the district | Peraica asserts government speech via taxpayer-funded electioneering violated rights | No constitutional deprivation; government speech and no policy/ custom | No; claim insufficient under Monell/McCormick; affirmed dismissal |
| Whether district policy/custom supports 1983 liability | There was a municipal policy/custom promoting pro-referendum actions | No pinpointed policy or final policymaker action alleged | No identifiable policy/custom; liability not established |
| Whether state-law election issues support 1983 claim | Election interference violated federal rights | Election issues handled by Board of Elections; no 1983 reliance | State-law claims do not establish §1983 claim; rejected |
| Whether attorney fees were appropriate under §1988 | Fees should be awarded when action frivolous | No abuse of discretion; fees denied |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (local government liable for unconstitutional official policy/custom)
- McCormick v. City of Chicago, 230 F.3d 319 (7th Cir. 2000) (policy/custom/final policymaking required for §1983 against municipality)
- Pooh-Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463 (Ill. 2009) (dismissal upheld for lack of recognized federal rights violation under §1983)
- Regan v. Taxation With Representation of Washington, 461 U.S. 540 (U.S. 1983) (government benefit conditioned on surrender of political speech does not violate First Amendment)
- Board of Regents of the University of Wisconsin System v. Southworth, 529 U.S. 217 (U.S. 2000) (government speech permissible when government is speaker)
- Kidwell v. City of Union, 462 F.3d 620 (6th Cir. 2006) (government funding of tax-levy speech not unconstitutional)