The opinion of the court was delivered by: Flaum, District Judge:
This matter comes before the court upon defendants' Motion
for Summary Judgment. For the reasons set forth below, the
Motion is denied.
Plaintiff, Philomena Blank (Blank) was hired by defendant
Donald G. Swan (Swan) as an employee of defendant York
Township (York) on March 15, 1970.*fn1 In 1973 Swan made her
chief welfare caseworker and office manager. Swan, who
remained her supervisor, gave Malci Agnic (Agnic) a job in
their office in March 1976. On April 21, 1976, Swan sent Blank
a letter which reads as follows:
I am attaching a photostatic copy of a felony,
which is known as intimidation. Effective Friday,
April 22, 1977, I am suspending you as an
employee of York Township.
Your case will be reviewed if you will secure
competent professional help.
Upon a review of a medical report concerning your
physical and emotional well being a final
decision will be made concerning your employment.
Yours very truly,
Supervisor, York Township.
There is evidence that Swan publicized the charges that Blank
was emotionally or mentally disturbed and that she had tried
to blackmail him both before and after he sent Blank this
Blank informally requested a hearing before the York
Township Board of Trustees, but received none. She never
requested a hearing before Swan. Since her suspension*fn2
became effective, Blank has received no further salary from
York, no payments have been made on her behalf to the
municipal retirement fund, and she has neither received nor
been eligible for any benefits associated with employment with
After looking for a job for over a year, Blank obtained a
clerical job with the Veterans Administration in Hines,
Illinois. She held this position from September, 1978, until
later in the year, when she moved to New York with her
In Count I of her two-count Complaint, Blank alleges that
defendants' actions during the course of this episode violated
her rights under the Fourteenth Amendment to the Constitution
of the United States. In Count II she seeks recovery from Swan
for libel and slander under Illinois law.
The Fourteenth Amendment guarantees that no State shall
"deprive any person of life, liberty, or property, without due
process of law". Blank contends that defendants have
unconstitutionally deprived her of a liberty interest by
defaming her in connection with the change in her employment
In Board of Regents of State Colleges v. Roth, 408 U.S. 564,
92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), the Supreme Court
announced that a constitutionally protected liberty interest of
a teacher whose employment contract was not renewed by the
State might be implicated if said non-renewal was based on a
charge against him that "might seriously damage his standing
and associations in his community," 408 U.S. at 573, 92 S.Ct.
at 2707, or if "the State, in declining to reemploy [him],
imposed on him a stigma or other ...