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

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-1424 · judgment March 15, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question 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

Counsel of record

For petitioner
Ruth Irene Major
The Law Offices of Ruth I. Major, PC

For respondent
Jeffrey Scot Fowler
Laner Muchin, Ltd

Case

Conference history
Distributed for 1 conference

Linked docket
17A1351

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 24 2018
    Waiver of right of respondents Village of Melrose Park, Illinois, et al. to respond filed.
  4. Aug 10 2018
    Petition for a writ of certiorari filed. (Response due September 13, 2018)
  5. Jun 07 2018
    Application (17A1351) granted by Justice Kagan extending the time to file until August 10, 2018.
  6. Jun 01 2018
    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.