The opinion of the court was delivered by: MARSH
The plaintiff policeman was dismissed from his job following his conviction on criminal charges in state court. In a previous civil rights action, plaintiff sought reinstatement and back pay from his former employer, the Borough of Homestead.
In this action under 42 U.S.C. § 1983, plaintiff seeks relief against 12 individual officials of the borough. The defendants have filed motions to dismiss.
Plaintiff alleges that he was deprived of his property interest in continued employment as a policeman without being given due process of law. If plaintiff had a property interest in his public employment, that interest was created not by the Constitution but rather by state law. Board of Regents v. Roth, 408 U.S. 564, 577, 92 S. Ct. 2701, 33 L. Ed. 2d 548 (1972). The state law provides that a policeman's employment may be terminated for certain reasons,
and also provides specific procedural requirements to enforce the substantive rights with respect to employment.
The complaint states that plaintiff subsequently requested and received a hearing before the Borough Civil Service Commission, at which time plaintiff appeared with counsel. The Commission upheld plaintiff's termination. Plaintiff's subsequent leave to file an appeal of the Commission decision was denied by the Court of Common Pleas of Allegheny County.
From the allegations in the complaint, it appears that after his trial in the state court plaintiff received adequate notice and ample opportunity to contest the basis of his dismissal. Plaintiff has been accorded each of the due process considerations required under the statute.
Plaintiff's allegations that the proceedings are tainted by the Borough Council's failure to advertise the hearing to the general public or by the Council's failure to record the hearing in the minute book as an official council meeting are not of the magnitude required to state a claim in this court.
See Bishop v. Wood, 426 U.S. 341, 350, 96 S. Ct. 2074, 48 L. Ed. 2d 684 (1976).
After consideration of the complaint and the briefs submitted on behalf of all parties, it is the conclusion of this court that plaintiff has failed to state a claim upon which relief can be granted and the complaint should be dismissed.
An appropriate order will be ...