No. 18-193

John Cannici v. Village of Melrose Park, Illinois, et al.

Lower Court: Seventh Circuit
Docketed: 2018-08-14
Status: Denied
Type: Paid
Response Waived
Tags: due-process employment-context employment-law equal-protection government-procedure municipal-ordinance property-rights random-and-unauthorized state-procedure
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Due Process Clause requires a government agency to provide due process before depriving a citizen of his property where the deprivation occurs through an established state procedure

Question Presented (from Petition)

QUESTIONS PRESENTED John Cannici is a firefighter. After his employment was terminated by a government board, he sought to have it overturned on two grounds. First, his due process rights were violated because the board’s legal counsel was biased, providing legal counsel to the Board and at the same time providing legal guidance to the prosecutor ex parte to help with the prosecution of the case. Second, Cannici’s equal protection rights were violated because other similarly situated firefighters, who hired the Mayor of the Village of Melrose Park as their attorney, were not terminated under the same municipal ordinance though he was. Cannici’s federal claims were dismissed on the grounds he was not entitled to due _ process predeprivation because he was challenging improper conduct by an official occurring in a state procedure, which constituted “random and unauthorized” not protected by the Due Process Clause. His equal protection claim was denied on the grounds an individual cannot bring an Equal Protection Claim in the employment context. The questions presented here are: 1. Whether the Due Process Clause requires a government agency to provide due process before depriving a citizen of his property where the ii deprivation occurs through an established state procedure. 2. Whether the Equal Protection Clause applies, without limitation, to the enforcement of a municipal ordinance even where the municipal ordinance is enforced in the employment context.

Docket Entries

2018-10-01
Petition DENIED.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-08-24
Waiver of right of respondents Village of Melrose Park, Illinois, et al. to respond filed.
2018-08-10
Petition for a writ of certiorari filed. (Response due September 13, 2018)
2018-06-07
Application (17A1351) granted by Justice Kagan extending the time to file until August 10, 2018.
2018-06-01
Application (17A1351) to extend the time to file a petition for a writ of certiorari from June 13, 2018 to August 10, 2018, submitted to Justice Kagan.

Attorneys

John Cannici
Ruth Irene MajorThe Law Offices of Ruth I. Major, PC, Petitioner
Ruth Irene MajorThe Law Offices of Ruth I. Major, PC, Petitioner
Village of Melrose Park, Illinois, et al.
Jeffrey Scot FowlerLaner Muchin, Ltd, Respondent
Jeffrey Scot FowlerLaner Muchin, Ltd, Respondent