Perkins v. County of Milwaukee Wisconsin et al

Filing 18

ORDER signed by Judge J.P. Stadtmueller on 4/4/2018: GRANTING 14 Defendants' Motion for Judgment on the Pleadings and DISMISSING Plaintiff's claim asserted under the Equal Protection Clause of the Fourteenth Amendment (Docket #1 at 6). Plaintiff's other claims REMAIN pending. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAMEION PERKINS,
Plaintiff,
v.
COUNTY OF MILWAUKEE,
SYLVANA RADMER, and SANDRA
KELLNER,

Case No. 18-CV-179-JPS-JPS

ORDER

Defendants.
In this action, Plaintiff complains that he was denied employment
with the Milwaukee County Transit System (“MCTS”) because he is the
surviving brother of Dontre Hamilton, who was shot and killed by a
Milwaukee police officer in 2014. (Docket #1). After his brother’s death,
Plaintiff made public statements in support of his brother and critical of the
Milwaukee police department. Id. He claims that his job application was
rejected because Defendants did not want the negative publicity that might
come with his employment. Id. He asserts violations of his constitutional
rights under the First and Fourteenth Amendments, namely violations of
his right to freedom of speech, freedom of association, and equal protection.
Id.
On March 23, 2018, Defendants moved for judgment on the
pleadings with respect to the equal protection claim. (Docket #14). They
assert that Plaintiff brings a “class-of-one” style claim, and that this form of
claim has been expressly rejected in the context of public employment. Id.;
Engquist v. Or. Dep’t of Agric., 553 U.S. 591, 604–05 (2008). Plaintiff

responded to the motion on April 2, 2018, confessing to the dismissal of his
equal protection claim. (Docket #17). The Court will, therefore, grant
Defendants’ motion. Plaintiff’s other claims remain pending.1
Accordingly,
IT IS ORDERED that Defendants’ motion for judgment on the
pleadings (Docket #14) be and the same is hereby GRANTED; and
IT IS FURTHER ORDERED that Plaintiff’s claim asserted under the
Equal Protection Clause of the Fourteenth Amendment (Docket #1 at 6) be
and the same is hereby DISMISSED.
Dated at Milwaukee, Wisconsin, this 4th day of April, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

Defendants also contend that Milwaukee County is not a proper
defendant. (Docket #15 at 1 n.1). They do not ask for any related relief, however.
The Court trusts that the parties can come to an agreement regarding the
appropriate targets of this lawsuit, and stipulate to any necessary substitutions.
1

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