(Download) "Buttitta v. City of Chicago" by United States Court of Appeals for the Seventh Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Buttitta v. City of Chicago
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 09, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
FLAUM, Circuit Judge. This case presents an issue of first impression requiring this court to construe Section 5-156 of the Illinois Pension Code. 40 ILCS 5/5-156. In 1986, Chicago police officer Frank Buttitta ("Buttitta") suffered an ankle injury in the line of duty that caused him to go on disability leave. In 1989 and again in 1991, the Chicago Police Department ("Police Department") refused to reinstate Buttitta to active duty despite the fact that on both occasions the Retirement Board of the Policemans Annuity and Benefit Fund ("Board") had "returned [Buttitta] to active service," pursuant to Section 5-156. Buttitta then sued the City of Chicago ("City") under 42 U.S.C. § 1983, alleging that by failing to reinstate him, both in 1989 and in 1991, the City had deprived him of a property interest created by Section 5-156 without due process of law. The district court dismissed Buttittas claim and granted summary judgment for the City. On appeal, Buttitta asserts that the district court erroneously construed Section 5-156. We conclude that the district court erred in its construction of Section 5-156; nevertheless we affirm because we find that Buttitta has not suffered a deprivation of a protectible property interest.