SHIROKEY v. MARTH

No. 90-1760.

63 Ohio St.3d 113 (1992)

SHIROKEY, APPELLEE, v. MARTH, FIRE CHIEF, ET AL.; CITY OF CLEVELAND HEIGHTS, APPELLANT.

Supreme Court of Ohio.

Decided February 26, 1992.


Attorney(s) appearing for the Case

Mary E. Papcke and John M. Bostwick, Jr., for appellee.

John H. Gibbon, Law Director, and R. Todd Hunt, for appellant.

Calfee, Halter & Griswold, John E. Gotherman and Stanley J. Dobrowski, urging reversal for amicus curiae, Ohio Municipal League.


HOLMES, J.

The key issue in this case is whether Section 1983, Title 42, U.S.Code affords Shirokey a property interest in being promoted to the position of Fire Lieutenant in the city of Cleveland Heights. For the reasons that follow, we answer such query in the negative.

For purposes of our discussion, we shall focus on paragraph thirty-five of Shirokey's second amended complaint, which asserts:

"Defendants infringed on the liberty and property interests...

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