Seventh Circuit: Kimberly Nelson v. City of Chicago

 

Loss of employment is insufficient harm to establish a claim under substantive due process, as employment is not a fundamental right.

Negligence in not listening to emergency radio dispatches doesn't state a substantive due process claim for a police officer later injured due to lack of assistance.  The state-created danger exception to the private danger exclusion in due process analysis can't be invoked here, since it only applies when the state disables people from protecting themselves.

Disregarding a known risk to a public employee or altering work records after the fact are insufficiently conscience-shocking to state a substantive due process claim, and the emotional injury from the latter is insufficient to support a S1983 claim.

Plaintiff did not identify procedural shortcomings in protections sufficient to state a claim under procedural due process.

Monell claim against the municipality wasn't supported by showing of pattern or practice beyond individual acts subject to respondeat superior, which is not a basis for liability in S1983.


Kimberly Nelson v.  City of Chicago