The opinion of the court was delivered by: Rovner, District Judge.
MEMORANDUM OPINION AND ORDER
Plaintiffs, former employees of the City of Chicago, filed
their complaint on August 28, 1984 against the City of
Chicago, its Mayor, Harold Washington, and its Commissioner of
Personnel, Charles A. Pounian, alleging that the defendants
violated their constitutional rights by terminating them one
day before their six month probationary periods of employment
were due to expire. They seek reinstatement and damages for
back pay and benefits. On October 19, 1984, the defendants
moved to dismiss the complaint pursuant to Fed.R.Civ.P.
12(b)(6) for failure to state a claim upon which relief may be
granted, or, in the alternative, to strike Counts IV and V of
the complaint, pursuant to Fed.R.Civ.P. 12(f). For the reasons
set forth below, this Court grants the motion to dismiss the
complaint in part, denies it in part, and denies the motion to
Plaintiffs each allegedly played an active role as members
of the Democratic Party in the 1983 mayoral campaign and
election. They did not, however, support the nominee of the
Democratic Party and the ultimate victor in the 1983 general
mayoral election, Harold Washington. Each plaintiff is a white
male who lives in a ward that allegedly is designated as
anti-administration and whose alderman has consistently voted
against Mayor Washington and his "pro-administration" wards.
That ward also demonstrated a "predominant preference" for
someone other than Washington in the campaign and election.
Plaintiffs' positions were reclassified by an appropriations
ordinance from Departmental Employment Services to
Probationary Career Services effective on January 1, 1984. The
probationary period for each was from January 1, 1984 to June
30, 1984. Each plaintiff received two memoranda authored by
defendant Pounian and dated January 10, 1984. The memoranda
informed them of the change and included a copy of Rule IX of
the City's Personnel Rules which governed the probation.
(Complaint, Exhibits 2, 3.) In the memorandum to all
employees, defendant Pounian stated:
Any such employee [new probationary career
service employee] shall be required to serve a
six month probationary period commencing January
1, 1984, provided however, that any such employee
discharged during this probationary period shall
be presented by the Commissioner of Personnel
with a written statement of the reason for such
discharge. Upon successful completion of this
probationary period, such employee shall have
career services status.
(Emphasis supplied.) In the second memorandum of that date
directed specifically to new Probationary Career Services
Employees, defendant Pounian stated:
Your work performance will be rated by your
department twice during the six month
probationary period. Ratings will be in March and
June 1984. Rating factors include: (1) quality
and quantity of work, (2) ability to work with
others, (3) ability to learn, (4) ability to work
safely, (5) initiative and acceptance of
responsibility, (6) use of equipment, and (7)
attendance and punctuality.
If you successfully complete your probationary
period you attain full Career Service status in
your title. . . .
Employees ultimately attaining Career Service status were
entitled to certain rights, including the right to written
notice of disciplinary action and to a hearing prior to
demotion or discharge.
On June 29, 1984, plaintiffs were each discharged allegedly
for making false and misleading statements to City of Chicago
investigators concerning an investigation of alleged
improprieties in the Department of Sanitation, Bureau of
Equipment in May, 1981. That investigation allegedly covered
a substantial period of time and a large number of employees
other than these plaintiffs, and no charges resulting from
that investigation were brought against any plaintiff or any
other Bureau employees.