Garcia v. Kankakee County Housing Authority

Larry Garcia (plaintiff) was employed as the director of technical services at the Kankakee County Housing Authority (KCHA). After new board members took over KCHA, Garcia was appointed interim executive director of KCHA. According to Garcia, KCHA promised that Garcia could return to the director of technical services role once a permanent executive director was hired. KCHA’s employment manual given to employees contained disclaimers stating that the manual did not promise or create any contractual rights for employees and that KCHA had the right to terminate employees at will. The employment manual also stated that well-performing employees could expect to remain employed by KCHA and that an employee could receive a hearing before a discharge became final. Garcia soon began having disagreements with KCHA’s new board chairman. KCHA decided to discharge Garcia for insubordination and removed Garcia from the office without first giving Garcia notice or a hearing. KCHA gave Garcia the opportunity to be heard at a subsequent hearing, after which the termination of Garcia’s employment became final. KCHA continued to pay Garcia after discharge until the termination of Garcia’s employment became final. Garcia sued KCHA under 42 U.S.C. § 1983, claiming that Garcia had a property interest in the job and that KCHA violated the Fourteenth Amendment Due Process Clause by failing to provide notice or a hearing before deciding to fire Garcia. Garcia argued that the subsequent hearing was insufficient to satisfy constitutional due-process requirements because KCHA had already decided Garcia’s fate by the time the hearing was held. KCHA moved for summary judgment. The district court granted KCHA’s motion. Garcia appealed.