JEFFREY CAPEN v. SAGINAW COUNTY, MICHIGAN; ROBERT V. BELLEMAN - Articles

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JEFFREY CAPEN v. SAGINAW COUNTY, MICHIGAN; ROBERT V. BELLEMAN

Posted by: Tanja Trezise on Jun 5, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Kevin J. Kelly, THE MASTROMARCO FIRM, Saginaw, Michigan, for Appellant.

Attorneys 2: ARGUED and ON BRIEF: Kevin J. Campbell, CUMMINGS, McCLOREY, DAVIS & ACHO, PLC, Livonia, Michigan, for Appellees.

Judge(s): BATCHELDER, MOORE, and CLAY, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Bay City

CLAY, Circuit Judge. Plaintiff Jeffrey Capen, a former employee of Saginaw County, Michigan, appeals the district court’s grant of summary judgment to Defendants Saginaw County and Robert V. Belleman. After Defendants scheduled Capen for two fitness-for-duty evaluations, Capen brought suit under 42 U.S.C. § 1983, arguing that the fitness-for-duty evaluations violated his procedural due process rights under the Fourteenth Amendment. The district court granted Defendants’ motion for summary judgment, concluding that Capen lacked a constitutionally protected interest, that he received the process he was due, and that Defendant Belleman was entitled to qualified immunity. For the reasons set forth below, we AFFIRM the district court’s grant of summary judgment to Defendants.

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