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McKINNEY v. PATE

No. 91-3416.

20 F.3d 1550 (1994)

Millard McKINNEY, Plaintiff-Appellant, v. John PATE, individually and in his official capacity as Commissioner of the Osceola County Board of Commissioners, Jack Shannin, individually and in his official capacity as Development Department Director of Osceola County, and the Osceola County Board of Commissioners, collectively, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 5, 1994.

Attorney(s) appearing for the Case

Thomas J. Pilacek, Longwood, FL, for appellant.

Robert H. Chanin, John M. West, Bredhoff & Kaiser, Washington, DC, for amicus curiae-National Educ. Ass'n.

Lewis E. Shelley, Tallahassee, FL, for appellees.

William C. Joy, Carol Atha Cosgrove, Office of the Atty. Gen., Atlanta, GA, for amicus for States of Ga., Fla. and Ala.

R. Read Gignilliat, Walter O. Lambeth, Jr., J. Lewis Sapp, Stanford G. Wilson and William Drummond Deveney, Elarbee, Thompson & Trapnell, Atlanta, GA, for amicus Ga. Municipal Ass'n.

Kevin W. Shaughnessy, Akerman, Senterfitt & Eidson, P.A., Orlando, FL, for amicus Orange Co., Fla.

Susan M. Hartwig, Steve Rothman, Office of the County Atty., Atlanta, GA, for amicus Fulton County, GA.

Anthony C. Musto, Asst. County Atty., Ft. Lauderdale, FL, for amicus Fla. Ass'n of County Attys.

Jody M. Litchford, Orlando, FL, for amicus Fla. League of Cities.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.

TJOFLAT, Chief Judge:

This case presents the following issue: whether, under the Fourteenth Amendment, a government employee possessing a state-created property interest in his employment states a substantive due process claim, rather than a procedural due process claim, when he alleges that he was deprived of that employment interest by an arbitrary and capricious non-legislative government action. For ten years, as a panel of this court noted in this case,

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