Hickey v. O'bannon, 287 F.3d 656 (7th Cir. 2002). · Go Syfert
Hickey v. O'bannon, 287 F.3d 656 (7th Cir. 2002). Cases Citing This Book View Copy Cite
“e are not obliged to accept as true legal conclusions or unsupported conclusions of fact.”
214 citation events (214 in the last 25 years) across 10 distinct courts.
Strongest positive: Sykes v. Trans Union LLC (ilnd, 2025-06-18)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (quoted) Sykes v. Trans Union LLC
N.D. Ill. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
e are not obliged to accept as true legal conclusions or unsupported conclusions of fact.
cited Cited as authority (rule) Moomaw v. Geosnapshot Pty Ltd
S.D. Ill. · 2025 · confidence medium
O'Bannon, 287 F.3d at 657-58; McLeod v. Arrow Marine Transp., Inc., 258 F.3d 608, 614 (7th Cir.2001); Scott v. O'Grady, 975 F.2d 366, 368 (7th Cir.1992).
cited Cited as authority (rule) BARNHOUSE v. CITY OF MUNCIE
S.D. Ind. · 2020 · confidence medium
The Court is "not obliged to accept as true legal conclusions or unsupported conclusions of fact." Hickey, 287 F.3d at 658.
discussed Cited as authority (rule) Cervantes v. HBLC, Inc. (In re Cervantes)
Bankr. N.D. Ill. · 2013 · confidence medium
Thus, to state a valid claim to avoid a preferential transfer of exempt property, the Complaint must allege sufficient facts with respect to the following five elements: “(1) the transfer was not voluntary; (2) the transfer was not concealed; (3) the trustee did not attempt to avoid the transfer; (4) the debtor seeks the avoidance pursuant to §§ 544, 545, 547, 548, 549, or 724(a) of the Bankruptcy Code; and (5) the transferred, property is of a kind that the debtor would have been able to exempt from the estate if the trustee had avoided the transfer under one of the provisions in § 522(g…
discussed Cited as authority (rule) Davit v. Davit (2×) also: Cited "see"
N.D. Ill. · 2004 · confidence medium
But the Court is not “required to accept as true legal conclusions or unsupported conclusions of fact,” id. at 658, and the Court is not required to ignore facts alleged in the complaint that undermine a plaintiffs claim, 4 see Arazie v. Mullane, 2 F.3d 1456, 1465 (7th Cir.1993).
cited Cited as authority (rule) Rivoli v. Gannett Co., Inc.
W.D.N.Y. · 2004 · confidence medium
Hickey, 287 F.3d at 658.
cited Cited "see" ARMOGIDA v. CENTRAL INDIANA JOBS WITH JUSTICE, INC.
S.D. Ind. · 2022 · signal: see · confidence high
See Hickey v. O'Bannon, 287 F.3d 656 , 658 (7th Cir. 2002).
cited Cited "see" Midwest Orthodontic Associates, Ltd. v. Cincinnati Casualty Company
S.D. Ill. · 2021 · signal: see · confidence high
See Hickey v. O’Bannon, 287 F.3d 656 , 658 (7th Cir. 2002) (internal citations omitted).
cited Cited "see" VZD, LLC v. Cincinnati Insurance Company
S.D. Ill. · 2021 · signal: see · confidence high
See Hickey v. O’Bannon, 287 F.3d 656 , 658 (7th Cir. 2002) (internal citations omitted).
discussed Cited "see" Oakland Ridge Homeowners Ass'n v. Braverman (In re Braverman)
Bankr. N.D. Ill. · 2011 · signal: see · confidence high
If “as a matter of law it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations, a claim must be dismissed.” Id. at 327 , 109 S.Ct. 1827 (internal quotation and citation omitted); see Hickey v. O’Bannon, 287 F.3d 656 , 657 (7th Cir.2002) (“At a minimum, a complaint must state facts sufficient to state a claim as a matter of law.”); One-on-One Fitness Personal Training Serv., Inc. v. Reyes (In re Reyes), Nos. 09 B 35198, 09 A 1277, 2010 WL 2757180 , at *3 (Bankr.N.D.Ill.
cited Cited "see" James Phelan v. City of Chicago
7th Cir. · 2003 · signal: see · confidence high
See Hickey v. O’Bannon, 287 F.3d 656 , 657 (7th Cir.2002).
cited Cited "see" Phelan, James v. City of Chicago
7th Cir. · 2003 · signal: see · confidence high
See Hickey v. O’Bannon, 287 F.3d 656 , 657 (7th Cir. 1999).
discussed Cited "see" James Galdikas, Catherine Hansen, Carol D. Hedgspeth v. Stuart I. Fagan, Paula Wolff, Harry Klein (2×)
7th Cir. · 2003 · signal: see · confidence high
See Hickey v. O’Bannon, 287 F.3d 656 , 657 (7th Cir.2002).
discussed Cited "see" Galdikas, James v. Fagan, Stuart I. (2×)
7th Cir. · 2003 · signal: see · confidence high
See Hickey v. O’Bannon, 287 F.3d 656 , 657 (7th Cir. 2002).
cited Cited "see" Moore v. Litscher
7th Cir. · 2002 · signal: see · confidence high
See Hickey v. O’Bannon, 287 F.3d 656 , 658 (7th Cir.2002).
Retrieving the full opinion text from the archive…
Thomas L. Hickey, III and Hickey Funeral Home
v.
Frank O'bannon, Individually and in His Official Capacity as Governor of the State of Indiana, Lawrence Voelker, Individually and in His Capacity as a Purported Member of the Indiana State Board of Funeral and Cemetery Service, Jerry Maguire, Individually and in His Official Capacity as a Member of the Indiana State Board of Funeral and Cemetery Service
01-3596.
Court of Appeals for the Seventh Circuit.
Apr 25, 2002.
287 F.3d 656

287 F.3d 656

Thomas L. HICKEY, III and Hickey Funeral Home, Plaintiffs-Appellants,
v.
Frank O'BANNON, individually and in his official capacity as Governor of the State of Indiana, Lawrence Voelker, individually and in his capacity as a purported member of the Indiana State Board of Funeral and Cemetery Service, Jerry Maguire, individually and in his official capacity as a member of the Indiana State Board of Funeral and Cemetery Service, et al., Defendants-Appellees.

No. 01-3596.

United States Court of Appeals, Seventh Circuit.

Argued February 14, 2002.

Decided April 25, 2002.

Lawrence M. Reuben (argued), Indianapolis, IN, R. William Jonas, Jr., South Bend, IN, for Plaintiffs-Appellants.

Matthew R. Gutwein (argued), Baker & Daniels, Indianapolis, IN, for Defendants-Appellees.

Before FLAUM, Chief Judge, BAUER and EVANS, Circuit Judges.

BAUER, Circuit Judge.

[*~656]1

The plaintiffs-appellants filed suit against the defendants-appellees, claiming, among other things, deprivation of their constitutional rights in violation of 42 U.S.C. § 1983. The district court dismissed the appellants' complaint in its entirety, finding no constitutional basis to award the relief requested. We AFFIRM the decision of the district court.

Background

2

In September of 1997, a complaint was filed against the appellants with the consumer protection division of the Indiana Attorney General's Office. That complaint resulted in disciplinary action against the appellants, the dispensation of which serves as the basis for this lawsuit.

3

The filing of the September 1997 consumer complaint against the appellants prompted the state of Indiana, by way of its deputy attorney general, to file a disciplinary complaint[1] with the Indiana State Board of Funeral and Cemetery Service (the "Board"). The Board in turn instituted administrative proceedings, including three hearings at which the appellants were present and fully participated. Throughout the proceedings, the appellants challenged the status of certain Board members, arguing that such members were ineligible to serve under state statute. Notwithstanding the appellants' objections, the Board issued its Final Order imposing sanctions against the appellants.

4

The appellants subsequently filed a Verified Petition for Judicial Review of Agency Action in Indiana state court, and the Board's Final Order was ultimately set aside on state statutory grounds. After winning in state court, the appellants initiated this suit, seeking a remedy for claimed deprivation of "rights, privileges or immunities secured by the Constitution or laws of the United States or the state of Indiana." The district court dismissed the appellants' complaint, finding no appropriate basis under United States Constitution or section 1983 to award the relief requested therein. We agree with the district court that the appellants' complaint fails to set forth facts that, if true, establish a constitutional violation.

Discussion

5

We review the district court's decision to grant the appellee's motion to dismiss de novo.

[*656]6

Under Federal Rule of Civil Procedure 12(b)(6), dismissal of a complaint is proper where it appears beyond doubt that the plaintiff can prove no set of facts in support of his or her claim on which relief may be granted. Szumny v. Amer. Gen. Fin., Inc., 246 F.3d 1065, 1067 (7th Cir.2001) (citations omitted). At a minimum, a complaint must contain facts sufficient to state a claim as a matter of law. Fries v. Helsper, 146 F.3d 452, 457 (7th Cir.1998). All well-pleaded facts are accepted as true and are construed in favor of the plaintiff. McLeod v. Arrow Marine Transp., Inc., 258 F.3d 608, 614 (7th Cir.2001). Further, we are not obliged to accept as true legal conclusions or unsupported conclusions of fact. Id.

7

Here, the appellants failed to plead facts that, if true, state a constitutional or section 1983 violation as a matter of law. Accepting all facts therein as true, the most liberal reading of the appellants' complaint reveals only that the Board failed to comply with procedural rules for conducting administrative hearings as provided by state statute. That is an insufficient basis on which to state a federal due process claim. Pro-Eco, Inc. v. Bd. of Comm'rs, 57 F.3d 505, 514 (7th Cir.1995) (a violation of a state procedural statute does not offend the Constitution); Wallace v. Tilley, 41 F.3d 296, 301 (7th Cir.1994) ("The denial of state procedures in and of itself does not create inadequate process under the federal constitution."); Osteen v. Henley, 13 F.3d 221, 225 (7th Cir.1993) ("[A] violation of state law ... is not a denial of due process, even if the state law confers a procedural right."); Coniston Corp. v. Village of Hoffman Estates, et al., 844 F.2d 461, 467 (7th Cir.1988) ("A violation of state law is not a denial of due process....") (citations omitted). Indeed, the appellants did receive all the due process to which they were constitutionally entitled; namely, notice and the opportunity to be heard. See, e.g., Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 654-55, 105 S.Ct. 2265, 85 L.Ed.2d 652 (1985) (notice of and opportunity to be heard at disciplinary proceeding sufficient to satisfy demands of federal due process).

8

Moreover, the appellants have already sought and won relief pursuant to state statute for the procedural deprivations of which they complain. Cf. Pro-Eco, Inc., 57 F.3d at 514 (noting that plaintiff had already received relief for the defendant's violation of a state procedural statute in the form of invalidation of the subject ordinance when ruling that state procedural violation did not offend the United States Constitution). As noted by the district court, the appellants are simply not entitled to more procedure than this under federal law. Because the appellants failed to plead facts sufficient to support their constitutional claims and on which relief could be granted, we find no error in the district court's grant of the appellees' motion to dismiss, and, therefore, we need not reach the issue of immunity.

Conclusion

[*~657]9

The district court's dismissal of the appellants' case is hereby AFFIRMED.

Notes:

1

The state later filed an amended disciplinary complaint against the appellants, upon which the Final Order issued by the Board is predicated