Oberhelman v. Schultze

DEVITT, Chief Judge.

In this action brought under the Civil Rights Act, 42 U.S.C. §§ 1983 & 1985, plaintiff alleges that defendants, acting individually and in concert under color of state law, deprived him of his substantive due process rights under the fifth amendment and his right to free speech under the first amendment made applicable to the states under the fourteenth amendment. Plaintiff seeks to recover damages on the grounds that defendant-city administrative assistant abused his official position in his recommendation to deny plaintiff’s application for a 3.2 beer license and that…