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McCAMMON v. INDIANA DEPT. OF FINANCIAL INSTITUTIONS

Nos. 91-3736, 91-3737.

973 F.2d 1348 (1992)

Mark R. McCAMMON, Plaintiff-Appellant, v. INDIANA DEPARTMENT OF FINANCIAL INSTITUTIONS, Charles W. Phillips, as Director of the Indiana Department of Financial Institutions and individually, and John E. Simmonds, as Deputy Director of the Indiana Department of Financial Institutions and individually, Defendants-Appellees. Robert L. MILLER, Plaintiff-Appellant, v. INDIANA DEPARTMENT OF FINANCIAL INSTITUTIONS, Charles W. Phillips, as Director of the Indiana Department of Financial Institutions and individually, and John E. Simmonds, as Deputy Director of the Indiana Department of Financial Institutions and individually, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 1992.

Rehearing and Rehearing Denied October 7, 1992.

Attorney(s) appearing for the Case

Peter D. Miller (argued), Indianapolis, Ind., for plaintiff-appellant.

Linley E. Pearson, Atty. Gen., Terry G. Duga, Deputy Atty. Gen. (argued), Federal Litigation, Indianapolis, Ind., for defendants-appellees.

Before FLAUM and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 7, 1992.

FLAUM, Circuit Judge.

The sole issue presented in this consolidated appeal brought under 42 U.S.C. § 1983 is whether appellants Mark McCammon and Robert Miller had a protectible property interest to which due process rights attached in their employment with the Indiana Department of Financial Institutions (Department), a state agency. The district court held that they did not, and we reverse.

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