Legal Opinion

Claudio Tundo v. County of Passaic

Court of Appeals for the Third Circuit

Decided May 2, 2019No. 18-1460PublishedCited by 44 opinions

1Opinion of the Court

BIBAS, Circuit Judge.

A chance at a job is not a right to it. When the government has broad discretion to take a benefit away from its employees, that benefit is not a constitutionally protected property interest. New Jersey's Civil Service Commission offered Claudio Tundo and Ruben Gilgorri such a benefit. After they were laid off from their jobs as corrections officers, the Commission put them on its rehire lists so they could be considered for rehiring. But it had broad discretion to take them off those lists, and it later did.

Tundo and Gilgorri reasonably expected that they would stay on…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. Keith A. Hill v. Borough of Kutztown and Gennaro Marino, Mayor of Kutztown, in His Individual and Official CapacityCourt of Appeals for the Third Circuit · 2006
  5. Leis v. FlyntSupreme Court of the United States · 1979

11 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Richard Hightower v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 2025
  2. Cranbury Brick Yard, LLC v. United StatesCourt of Appeals for the Third Circuit · 2019
  3. Donna Dinaples v. MRS BPO LLCCourt of Appeals for the Third Circuit · 2019
  4. Williams v. Lockheed MartinCourt of Appeals for the Fifth Circuit · 2021
  5. Linda Migliori v. Lehigh County Board of ElectionsCourt of Appeals for the Third Circuit · 2022

39 more not listed; retrieve them via the Exa API.

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