Caldwell v. City of Elwood, Indiana, 959 F.2d 670 (7th Cir. 1992). · Go Syfert
Caldwell v. City of Elwood, Indiana, 959 F.2d 670 (7th Cir. 1992). Cases Citing This Book View Copy Cite
115 citation events (26 in the last 25 years) across 15 distinct courts.
Strongest positive: Canada v. Hall (ilnd, 2019-03-21)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Canada v. Hall
N.D. Ill. · 2019 · confidence medium
See, e.g., Grieveson v. Anderson, 538 F.3d 763, 774 (7th Cir. 2008) (holding that four incidents involving the plaintiff did not establish a widespread unconstitutional practice sufficient to survive summary judgment); Caldwell v. City of Elwood, 959 F.2d 670, 673 (7th Cir. 1992) (concluding that a single alleged incident of First Amendment retaliation was insufficient to establish a municipal practice capable of surviving a motion to dismiss).
cited Cited as authority (rule) Glade ex rel. Lundskow v. United States
N.D. Ill. · 2011 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Padron v. Wal-Mart Stores, Inc.
N.D. Ill. · 2011 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Simonian v. Weber-Stephen Products Co.
N.D. Ill. · 2011 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Thompson's Gas & Electric Service, Inc. v. BP America Inc.
N.D. Ill. · 2010 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Amerigas Propane, L.P. v. BP America, Inc.
N.D. Ill. · 2010 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Swanson v. Citi
N.D. Ill. · 2009 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) S & L Enterprises I, LLC v. Eisaman (Eisaman)
Bankr. N.D. Ind. · 2008 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 671-72 (7th Cir.1992)(citing Mosley v. Klincar, 947 F.2d 1388, 1339 (7th Cir.1991)).
cited Cited as authority (rule) Meer v. Graham
N.D. Ill. · 2007 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992) (citation omitted).
cited Cited as authority (rule) Young v. Schmucker (In Re Schmucker)
Bankr. N.D. Ind. · 2007 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 671-72 (7th Cir.1992)(citing Mosley v. Klincar, 947 F.2d 1338, 1339 (7th Cir.1991)).
cited Cited as authority (rule) Cobbs v. Sheahan
N.D. Ill. · 2004 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992).
cited Cited as authority (rule) Ellis v. City of Chicago
N.D. Ill. · 2003 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 672 (7th Cir.1992) (citations omitted).
discussed Cited as authority (rule) Octavio Delgado v. Police Chief Arthur Jones and Deputy Chief Monica Ray
7th Cir. · 2002 · confidence medium
A. For a First Amendment retaliation claim to survive a judgment on the pleadings, we have held that “the facts alleged in the complaint must show that (1) the speech in which the plaintiffs engaged was constitutionally protected under the circumstances, and (2) the defendants retaliated against them because of it.” Gustafson, 117 F.3d at 1018 (citing Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992)).
discussed Cited as authority (rule) Delgado, Octavio v. Jones, Arthur L.
7th Cir. · 2002 · confidence medium
A. For a First Amendment retaliation claim to survive a judgment on the pleadings, we have held that "the facts alleged in the complaint must show that (1) the speech in which the plaintiffs engaged was constitutionally protected under the circumstances, and (2) the defendants retaliated against them because of it." Gustafson, 117 F.3d at 1018 (citing Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir. 1992)).
cited Cited as authority (rule) Love v. City of Chicago Board of Education
N.D. Ill. · 1998 · confidence medium
See Gustafson, 117 F.3d at 1018-19 ; Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992).
cited Cited as authority (rule) Chappel v. Montgomery County Fire Protection District No. 1
6th Cir. · 1997 · confidence medium
See, e.g., Gustafson v. Jones, 117 F.3d 1015, 1021 (7th Cir.1997); Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992).
cited Cited as authority (rule) Robert Chappel v. Montgomery County Fire Protection District No. 1
6th Cir. · 1997 · confidence medium
See, e.g., Gustafson v. Jones, 117 F.3d 1015, 1021 (7th Cir.1997); Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992).
discussed Cited as authority (rule) Zisis v. St. Joseph Tp. of Allen County
N.D. Ind. · 1997 · confidence medium
Courts have routinely held that isolated incidents of alleged misconduct by a governmental employee or governmental official, are insufficient, as a matter of law, to raise an inference as to the existence of a custom for purposes of establishing municipal liability.” Defendants’ Memorandum, pp. 21-22 (citing Caldwell v. City of Elwood, Indiana, 959 F.2d 670, 673 (7th Cir.1992) and Henry v. Farmer City State Bank, 808 F.2d 1228, 1237 (7th Cir.1986)).
cited Cited as authority (rule) Gustafson v. Jones
7th Cir. · 1997 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 672 (7th Cir.1992), quoting Barkoo v. Melby, 901 F.2d 613, 617 (7th Cir.1990).
cited Cited as authority (rule) Gustafson v. Jones
7th Cir. · 1997 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 672 (7th Cir.1992), quoting Barkoo v. Melby, 901 F.2d 613, 617 (7th Cir.1990).
cited Cited as authority (rule) Sarantakis v. Village of Winthrop Harbor
N.D. Ill. · 1997 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 673 (7th Cir.1992).
discussed Cited as authority (rule) Rudolph Lucien v. Howard A. Peters III
7th Cir. · 1997 · confidence medium
The district court 3 dismissed three claims for failure to state a claim, pursuant to Fed.R.Civ.P. 12(b)(6) (prison overcrowding, excessive noise, and gang control), and the court entered summary judgment in favor of defendants as to the two remaining claims (racial discrimination in cell assignments, and exposure to environmental tobacco smoke). 4 Standard of Review 2 We review a dismissal under Rule 12(b)(6) de novo, Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992), viewing all facts alleged in the complaint, as well as any inferences reasonably drawn from them, in a light most f…
discussed Cited as authority (rule) Wright v. Butts
M.D. Ala. · 1996 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992) (quoting Brownlee v. Conine, 957 F.2d 353, 354 (7th Cir.1992)) (holding that “[a] civil rights complaint must outline a vio *1362 lation of the constitution or a federal statute ‘and connect the violation to the named defendants’ ”).
cited Cited as authority (rule) Lionheart Partners, Inc. v. M-Wave, Inc.
N.D. Ill. · 1996 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
discussed Cited as authority (rule) Arrington v. Dickerson
M.D. Ala. · 1996 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992) (quoting Brownlee v. Conine, 957 F.2d 353, 354 (7th Cir.1992) (holding that “[a] civil rights complaint must outline a violation of the constitution or a federal statute ‘and connect the violation to the named defendants’ ”).) In order to bridge the gap between the protected speech and the denial of the plaintiffs retail liquor license, the court must assume facts not set forth in the complaint.
discussed Cited as authority (rule) Michael Alan Gadsby v. Norwalk Furniture Corporation (2×)
7th Cir. · 1996 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) In Re Healthcare Compare Corp. Securities Litigation
7th Cir. · 1996 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Moss v. Healthcare Compare Corp.
7th Cir. · 1996 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
discussed Cited as authority (rule) Dandino v. Tieri
N.D. Ill. · 1995 · confidence medium
Since we must accept the well-pleaded allegations of Dandino’s complaint on this motion to dismiss, Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992), there is no question that Dandino can meet the first two prongs of the test.
discussed Cited as authority (rule) Arrington v. Dickerson
M.D. Ala. · 1995 · confidence medium
The court also finds persuasive the Seventh Circuit’s reasoning that “[a] civil rights complaint must outline a violation of the constitution or a federal statute and connect the violation to the ‘named defendants.’ ” Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992) (quoting Brownlee v. Conine, 957 F.2d 353, 354 (7th Cir.1992)); see also Branch v. Tunnell, 937 F.2d 1382, 1386 (9th Cir.1991), cert. denied, — U.S. -, 114 S.Ct. 2704 , 129 L.Ed.2d 832 (1994) (Where subjective intent is an element of a plaintiffs claim, “bare allegations of improper purpose are insufficien…
discussed Cited as authority (rule) John Goodluck v. City of Chicago
7th Cir. · 1995 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992). 6 Goodluck argues that the district court erroneously dismissed his claims because the parties' diverse citizenship entitles him to federal-court adjudication of his alleged property rights.
discussed Cited as authority (rule) Falk v. Cook County Sheriff's Office
N.D. Ill. · 1995 · confidence medium
Caldwell v. City of Elwood, Indiana, 959 F.2d 670, 672 (7th Cir.1992) (“discharge is not the only retaliatory act for [constitutionally protected] speech that is actionable under section 1983”); Auriemma v. Rice, 910 F.2d 1449, 1459 (7th Cir.1990).
cited Cited as authority (rule) Abbott Laboratories v. Zenith Laboratories, Inc.
N.D. Ill. · 1995 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 671 (7th Cir.1992) (citing Mosley v. Minear, 947 F.2d 1338, 1339 (7th Cir.1991).
discussed Cited as authority (rule) McQuerry v. American Medical Systems, Inc.
N.D. Ill. · 1995 · confidence medium
In ruling on a motion to dismiss, "[w]e view all of the facts alleged in the complaint, as well as any inferences reasonably drawn from them, in the light most favorable to the plaintiff." Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
discussed Cited as authority (rule) Libbra v. City of Litchfield, Ill.
C.D. Ill. · 1995 · confidence medium
Accordingly, it seems clear that the Libbras are burdened with the task of convincing the Court that the content of their signs qualifies as protected speech and thus enjoys Constitutional protection. 4 See Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992) (In the context of a public employee alleging that he was retaliated against for exercising his First Amendment guarantee of free speech, the public employee must establish “that the speech [he] 'engaged in was constitutionally protected under the circumstances.”); Brookins v. Kolb, 990 F.2d 308, 313 (7th Cir.1993) (In a case …
cited Cited as authority (rule) Rojicek v. Community Consolidated School District 15
N.D. Ill. · 1995 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 672 (7th Cir. 1992), citing Barkoo v. Melby, 901 F.2d 613, 617 (7th Cir.1990).
discussed Cited as authority (rule) Lewis v. Northern Indiana Commuter Transportation District
N.D. Ill. · 1995 · confidence medium
In ruling on a motion to dismiss, "[w]e view all of the facts alleged in the complaint, as well as any inferences reasonably drawn from them, in the light most favorable to the plaintiff.” Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Agricultural Excess & Surplus Insurance v. A.B.D. Tank & Pump Co.
N.D. Ill. · 1995 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 671 (7th Cir.1992), citing Mosley v. Klincar, *1094 947 F.2d 1338, 1339 (7th Cir.1991).
discussed Cited as authority (rule) Parish v. Pahs
N.D. Ind. · 1995 · confidence medium
Caldwell v. City of Elwood, Indiana, 959 F.2d 670, 672 (7th Cir.1992). 2 As for the first element, whether a public employee’s speech has protected status is a question of law determined by this court.
cited Cited as authority (rule) Williams v. Hutchens
N.D. Ill. · 1994 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 672 (7th Cir.1992) (quoting Mosley v. Klincar, 947 F.2d 1338, 1339 (7th Cir.1991)).
cited Cited as authority (rule) Scott Wexler v. City of Chicago, Caesar Blanco, Individually and as District Officer, Cortez Trotter, Individually and as Assistant Chief Paramedic
7th Cir. · 1994 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Hondo, Inc. v. Sterling
7th Cir. · 1994 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Hondo, Inc. v. Sterling
7th Cir. · 1994 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Morris v. State of Kan. Dept. of Revenue
D. Kan. · 1994 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 672 (7th Cir.1992).
cited Cited as authority (rule) Claire Addams v. City of Chicago
7th Cir. · 1994 · confidence medium
Caldwell v. City of Elwood, Ind., 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Northern Assurance Co. of America v. Summers
7th Cir. · 1994 · confidence medium
Caldwell v. City of Elwood, Inc., 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Northern Assurance Company of America v. Summers
7th Cir. · 1994 · confidence medium
Caldwell v. City of Elwood, Inc., 959 F.2d 670, 671 (7th Cir.1992).
discussed Cited as authority (rule) William McNeil v. Michael P. Lane, Michael O'leary, and Jack Boles
7th Cir. · 1994 · confidence medium
As an appellate court, we review the grant of a motion to dismiss de novo, Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992), viewing all the facts alleged in the complaint, as well as any inferences reasonably drawn from them, in a light most favorable to the plaintiff.
cited Cited as authority (rule) Charles Arnhold v. Kenneth McGinnis
7th Cir. · 1993 · confidence medium
Id.; Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
cited Cited as authority (rule) Quentin Kelly, Jerry Smith, Ray B. Hill v. City of Chicago, an Illinois Municipal Corporation, Michael Collins, Gene Dembowski
7th Cir. · 1993 · confidence medium
Caldwell v. City of Elwood, 959 F.2d 670, 671 (7th Cir.1992).
Retrieving the full opinion text from the archive…
Michael L. Caldwell
v.
City of Elwood, Indiana, Elwood Fire Department, John Burdsall, in His Official Capacity as Chief of the Elwood Fire Department and in His Individual Capacity
91-2241.
Court of Appeals for the Seventh Circuit.
Apr 1, 1992.
959 F.2d 670
Cited by 24 opinions  |  Published
Pinpoint authority: bottom 54%

959 F.2d 670

Michael L. CALDWELL, Plaintiff-Appellant,
v.
CITY OF ELWOOD, INDIANA, Elwood Fire Department, John
Burdsall, in his official capacity as Chief of the
Elwood Fire Department and in his
individual capacity, et al.,
Defendants-Appellees.

No. 91-2241.

United States Court of Appeals,
Seventh Circuit.

Argued March 4, 1992.
Decided April 1, 1992.

Tracy A. Nelson (argued), John H. Haskin, John H. Haskin & Associates, Indianapolis, Ind., for plaintiff-appellant.

Michael R. Morow, Stephenson & Kurnik, Indianapolis, Ind. (argued), for defendants-appellees.

Before CUMMINGS and FLAUM, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

FLAUM, Circuit Judge.

[*~670]1

Michael Caldwell appeals the district court's dismissal of his First Amendment retaliation claim under 42 U.S.C. § 1983 for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). We affirm.I.

2

Michael Caldwell, a firefighter in the City of Elwood, Indiana, went to the home of the mayor on July 1, 1989 pursuant to the mayor's "open-door policy" and discussed his safety and employment concerns regarding the Fire Department's ambulance usage and method of cleaning copper wire.[1] Two days after this conversation, John Burdsall, chief of the Elwood Fire Department, suspended Caldwell indefinitely pending a hearing because of alleged breaches of discipline. On July 6, Burdsall, admitting that he had exceeded his statutory authority in suspending Caldwell without a hearing, notified Caldwell to return to work on July 10, leaving Caldwell with the equivalent of a ten-day suspension. The hearing was held before the Board of Works and Public Safety ("Board") on December 1, 1989. The Board decided to revoke the ten-day suspension and instead to place Caldwell on a five-day suspension and on probation for two years due to his "attitude, insubordination, and disrespect towards the fire chief." Caldwell filed suit in state court on December 29, 1989, but that action was dismissed without prejudice when the City of Elwood rescinded the two-year probationary period.

3

Caldwell filed this civil rights action in federal court on August 21, 1990. In his amended complaint, he alleged that defendants City of Elwood, Elwood Fire Department, John Burdsall, in his official and individual capacities, and the Board violated his right to free speech under the First Amendment applicable to the states through the Fourteenth Amendment by disciplining him for speaking on matters of public concern at the mayor's home on July 1, 1989.[2] Caldwell asked for damages and the expungement of the remaining five-day suspension from his personnel file. The defendants moved to dismiss the complaint for failure to state a claim or, in the alternative, on qualified immunity grounds. The district court assumed that the matters Caldwell discussed with the mayor were matters of public concern but dismissed his suit on the ground that Caldwell was suspended rather than discharged.[3]

4

On appeal, Caldwell argues that any retaliatory action, including action short of discharge such as suspension or probation, that is likely to chill the exercise of constitutionally protected speech is actionable under section 1983 and that his amended complaint thus stated a cause of action upon which relief could be granted. The defendants counter that Caldwell's amended complaint fails to state a First Amendment retaliation claim against any defendant since the amended complaint failed to allege: 1) sufficient facts to state a claim that the conversation involved matters of public concern; 2) that the acts of any defendant were the proximate cause of the constitutional violation or that any defendant even knew of the conversation with the mayor, let alone the content of that conversation; or 3) a municipal policy, custom, or practice.

II.

5

We review the grant of a motion to dismiss de novo. Johnson v. Martin, 943 F.2d 15, 16 (7th Cir.1991). We view all of the facts alleged in the complaint, as well as any inferences reasonably drawn from them, in the light most favorable to the plaintiff. Mosley v. Klincar, 947 F.2d 1338, 1339 (7th Cir.1991). We will only dismiss a complaint for failure to state a claim if it appears beyond doubt "that the plaintiff cannot establish any set of facts which would entitle him to the relief requested." Id.

6

In order for Caldwell to state a First Amendment retaliation claim, he must show "(1) that speech [he] engaged in was constitutionally protected under the circumstances, ... and (2) that defendants retaliated against [him] because of that speech." Barkoo v. Melby, 901 F.2d 613, 617 (7th Cir.1990). A public employee has a First Amendment right to comment on matters of public concern even when he communicates privately with his employer. Givhan v. Western Line Consol. School Dist., 439 U.S. 410, 415, 99 S.Ct. 693, 696-97, 58 L.Ed.2d 619 (1979). "Whether an employee's speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the record as a whole." Connick v. Myers, 461 U.S. 138, 147-48, 103 S.Ct. 1684, 1690-91, 75 L.Ed.2d 708 (1983).

[*~671]7

The defendants argue that the amended complaint is insufficient because it fails to reveal what was actually said about each topic during the conversation. Although the district court assumed that the matters that Caldwell discussed with the mayor were of public concern, it may well be that the allegations are sufficient to show constitutionally protected speech. The conversation took place pursuant to the mayor's open-door policy, under which the mayor allegedly encouraged certain public employees to voice their employment concerns with him. Moreover, public safety in the use of ambulances is certainly a matter of public concern. Contrary to the district court's conclusion, discharge is not the only retaliatory act for such speech that is actionable under section 1983. See, e.g., Auriemma v. Rice, 910 F.2d 1449, 1459 (7th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 2796, 115 L.Ed.2d 970 (1991) (claim of retaliatory transfers and failure to consider plaintiffs for promotion for having exercised their rights to freedom of speech).

8

However, we need not reach the issue of whether Caldwell's speech was constitutionally protected since the amended complaint fails to sufficiently allege that any defendant retaliated against Caldwell because of his conversation with the mayor. See Roland v. Langlois, 945 F.2d 956, 962 n. 11 (7th Cir.1991) (an appellate court can affirm on any ground supported by the record). A civil rights complaint must outline a violation of the constitution or a federal statute "and connect the violation to the named defendants." Brownlee v. Conine, 957 F.2d 353, 354 (7th Cir.1992).[4] Except in a conclusory manner, Caldwell fails to connect his private conversation to the mayor with the disciplinary measures taken by either the individual or the municipal defendants. Cf. Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1081-82 (7th Cir.1992).[5] Caldwell has not pled that any of the defendants actually knew of the conversation with the mayor or of the matters that were allegedly discussed. Instead, he argues that at the pleading stage he is entitled to a reasonable inference that it was this conversation that led to the disciplinary measures. Caldwell mistakenly interprets "reasonable inferences" to include bridging the gap between his speech and the disciplinary measure taken against him.

9

In addition, Caldwell fails to allege the existence of a municipal custom or policy. Caldwell's claims against the City of Elwood, the Elwood Fire Department, the Board, and Burdsall in his official capacity are essentially all against the City. Leahy v. Board of Trustees of Community College Dist. No. 508, 912 F.2d 917, 922 (7th Cir.1990). Since "a municipality cannot be held liable under § 1983 on a respondeat superior theory," Monell v. Department of Social Serv., 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), a section 1983 complaint against a municipality must plead the existence of a custom or policy that was the direct cause of the deprivation of a federal right. Surplus Store and Exchange, Inc. v. City of Delphi, 928 F.2d 788, 790 (7th Cir.1991); Strauss v. City of Chicago, 760 F.2d 765, 768 (7th Cir.1985); see also Partee v. Metropolitan School Dist. of Washington Township, 954 F.2d 454, 455-56 (7th Cir.1992) (quoting City of St. Louis v. Praprotnik, 485 U.S. 112, 108 S.Ct. 915, 924, 99 L.Ed.2d 107 (1988) ("an isolated decision by a municipal employee or official constitutes official policy only if that official has 'final policymaking authority' for the challenged act under state law").

10

Caldwell argues that the appellees impermissibly raised the issue of whether Caldwell alleged the existence of a municipal custom or policy for the first time on appeal. This is not true. The defendants clearly argued that the original complaint ignored "the entity liability requirements under Strauss v. City of Chicago." (Citation omitted.) In any event, the complaint is inadequate--in order to state a claim against the municipal defendants, Caldwell must plead a municipal policy or custom. Leahy, 912 F.2d at 922.

11

Alternatively, Caldwell argues that, after drawing reasonable inferences from the facts he has pled, it cannot be said that he could not prove any set of facts which would establish such a policy, custom, or practice. However, drawing a reasonable inference that a municipal custom or policy exists when he has only pled one incident of alleged retaliation for speech on matters of public concern requires a leap in logic that we are unwilling to take. See id. at 922 (absence of allegations of the existence of a municipal policy or custom and of the requisite causal connection between such a policy and the constitutional injuries complained of justified dismissal); Strauss, 760 F.2d at 767 (nothing in the complaint suggested that the single isolated incident was related to municipal policy).

12

* * *

[*~672]13

Caldwell has not sufficiently connected his private conversation on matters allegedly of public concern to the disciplinary measures that were taken against him to state a First Amendment retaliation claim. Therefore, the district court's dismissal of Caldwell's complaint is AFFIRMED.

1

The district court noted that the topics of discussion also included problems associated with administrating fire code regulations and a public landfill. These topics were not mentioned in the amended complaint, but rather in Caldwell's second affidavit, which was submitted with the pleadings

2

Caldwell also alleged in the district court that the defendants deprived him of a property interest without due process but has not pursued this issue on appeal

3

The district court rejected Caldwell's reliance on Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S.Ct. 2729, 111 L.Ed.2d 52 (1990), finding that Rutan addresses the issue of political patronage in public employment policies, not the question of disciplinary suspensions, and that Caldwell was not alleging that his suspension was due to his political affiliation

4

Certain issues in section 1983 complaints require "heightened pleading and substantiation." Underwood v. Clark, 939 F.2d 473, 476 (7th Cir.1991); see, e.g., Elliott v. Thomas, 937 F.2d 338, 344-45 (7th Cir.1991) (requiring "specific nonconclusory factual allegations" establishing constitutional deprivation to avoid dismissal on immunity grounds before discovery); Patton v. Przybylski, 822 F.2d 697, 701 (7th Cir.1987) (involvement of head of department must be pled with greater specificity in civil rights case); Branch v. Tunnell, 937 F.2d 1382, 1386 (9th Cir.1991) (adopting "a heightened pleading standard in cases in which subjective intent is an element of a constitutional tort")

5

Even the cases to which Caldwell cites to support his arguments have clearly established a causal link between the violation and the defendant, who had knowledge of the plaintiff's speech. E.g., Yoggerst v. Stewart, 623 F.2d 35 (7th Cir.1980) (complaint was allowed to proceed against supervisors who specifically reprimanded plaintiff because of her speech); McGill v. Board of Educ., 602 F.2d 774 (7th Cir.1979) (plaintiff was told that she was being transferred because of her vocal support of a union)