Shirokey v. Marth

The key issue in this case is whether Section 1983, Title 42, U.S.Code affords Shirokey a property interest in being promoted to the position of Fire Lieutenant in the city of Cleveland Heights. For the reasons that follow, we answer such query in the negative.

For purposes of our discussion, we shall focus on paragraph thirty-five of Shirokey’s second amended complaint, which asserts:

“Defendants infringed on the liberty and property interests of Plaintiff. Shirokey when they arbitrarily denied him his promotion. [S]aid arbitrary, *116malicious and capricious conduct by the Defendants constituted…