The opinion of the court was delivered by: Bua, District Judge.
Before the Court is defendants' motion to dismiss the Amended
Complaint pursuant to Rule 12(b)(6) of the Federal Rules of
Civil Procedure. For the reasons stated herein, defendants'
motion to dismiss is granted.
On February 11, 1980, Thomas Albamonte filed this action
against his former employers, James Bickley, Chief of the
Franklin Park Police Department, and the Board of Fire and
Police Commissioners of the Village of Franklin Park ("the
Board"). On June 4, 1980, the Court, upon defendants' motion,
dismissed Albamonte's complaint with prejudice for failure to
state a claim. In an unpublished opinion dated October 7, 1982,
the Court of Appeals for the Seventh Circuit reversed this
Court's June 4, 1980 decision and remanded the case for further
proceedings. Although not disagreeing with this Court's ruling
that Albamonte's original complaint failed to state an
actionable claim, the Court of Appeals held that it was error
to deny Albamonte an opportunity to amend his complaint
pursuant to Rule 15(a) of the Federal Rules of Civil Procedure.
Accordingly, the case was remanded to permit Albamonte to amend
his complaint in an attempt to plead a cognizable cause of
Since remand, Albamonte filed an Amended Complaint on February
18, 1983. After defendants filed a motion to dismiss the
Amended Complaint, Albamonte filed a motion for leave to file a
Second Amended Complaint. Albamonte withdrew his motion on
August 4, 1983. On August 18, 1983, Albamonte filed
"amendments" to the Amended Complaint. The Amended Complaint,
filed February 18, 1983, and as "amended" August 18, 1983, is
now before the Court on defendants' renewed motion to dismiss.
The following facts are alleged in the Amended Complaint
(including "amendments" filed August 18, 1983). For purposes of
this motion, the Court assumes they are true. City of
Milwaukee v. Saxbe, 546 F.2d 693, 704 (7th Cir. 1976).
Prior to November 7, 1979, Albamonte was employed as a
patrolman for the Village of Franklin Park Police Department.
His status on the force was probationary. On October 17, 1979,
while off duty, Albamonte's vehicle was struck by a hit-and-run
driver. During Albamonte's pursuit of the driver, his gun
accidentally discharged. The bullet struck the ground.
On October 25, 1979, Albamonte was contacted by his supervisors
in conjunction with Albamonte's failure to report the discharge
to his superiors. Although Albamonte initially denied that his
weapon had discharged, on October 26, 1983, he admitted to his
superiors that the incident occurred. On November 7, 1983,
Bickley advised Albamonte that the Board, at a closed meeting,
had decided to terminate Albamonte's employment. Bickley then
informed Albamonte that Albamonte had the choice of resigning
or being fired. Albamonte chose resignation and signed a
resignation letter that was prepared by Bickley. Although
Albamonte later attempted to revoke his resignation, Bickley
did not honor his request.*fn1
After his termination, Albamonte applied for unemployment
compensation benefits from the Illinois Department of Labor. On
November 19, 1979, the Village of Franklin Park, through its
attorney, filed an objection to Albamonte's claim. In its
two-page letter to the Illinois Department of Labor, the
Village falsely stated that Albamonte was discharged from his
job because of
criminal conduct.*fn2 After the Department of Labor issued
its decision, the Village filed an appeal on December 9, 1979.
The appeal constituted a three-page letter addressed to the
Department of Labor. In that letter, the Village falsely
accused Albamonte of
failing to file reports, misstating and prevaricating about
occurrences under investigation, using obscene and abusive
language, and brandishing and discharging his service revolver
in a manner likely to cause death or great bodily injury
without legal justification.
Amended Complaint, filed August 18, 1983, Exhibit D, at 2. On
January 10, 1980, the Department of Labor ruled that Albamonte
was discharged from the police force due to misconduct on the
job and therefore not eligible for benefits from November 4,
1979, through December 15, 1979.
Albamonte now seeks the following relief: (1) a "name clearing
hearing" for the purpose of correcting his personnel and
unemployment compensation records; (2) a declaratory judgment
that defendants' conduct deprived Albamonte of a liberty
interest in violation of the Fifth and Fourteenth Amendments;
(3) an order ...