Clukey v. Town of Camden

LIPEZ, Circuit Judge.

Plaintiff-appellant Alan Clukey brought this procedural due process claim against his former employer, the Town of Camden (“the Town”), pursuant to 42 U.S.C. § 1983 alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment without due process of law. The district court dismissed Clukey’s complaint, adopting the magistrate judge’s conclusion that while Clukey did have a protected property interest in his recall right, his § 1983 claim was foreclosed by the availability of a state law breach-of-contract…