Clukey v. Town of Camden, No. 12-1555 (1st Cir. 2013)
Annotate this CasePlaintiff was a police dispatcher with the Town of Camden Police Department for thirty-one years until his department was eliminated and he was laid off. In the year following Plaintiff's termination, at least two positions opened with the police department for which Plaintiff was qualified. The Town did not recall Plaintiff to either position. Plaintiff subsequently brought a procedural due process against the Town under 42 U.S.C. 1983, alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment. The district court dismissed Plaintiff's complaint. The First Circuit Court of Appeals vacated the district court's order, holding (1) the district court correctly found that Plaintiff's complaint alleged a protected property interest in his recall right; but (2) the district court erred in concluding that Plaintiff's potential recourse to state law foreclosed his section 1983 claim, as Plaintiff's injury could not be fully redressed by recourse to a state law breach of contract claim or the grievance procedures in a collective bargaining agreement. Remanded.
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