The following day, Sonnleitner was informed in person of this action. He was also given a letter from York, which stated that he was being demoted for "failure to meet supervisor and administrative duties and violations of DH &SS Work Rules # 1 and # 7." (emphasis added).2 The thrust of Sonnleitner's procedural due process claim is that he was only accorded a predisciplinary hearing for the three Rule # 1 violations, but not for the Rule # 7 offense or for the unenumerated charges. Notwithstanding his objections, Sonnleitner agreed to accept a new position as a unit staff nurse in order to protect his employment with the state.


13
Sonnleitner appealed his demotion to the Wisconsin Personnel Commission, which consolidated the matter with the earlier appeal. On February 18,compliance with the Commission order by permitting Sonnleitner to remain in his current position at the Institute, where he was actually paid more money than in his former job. The claim of increased pay was correct; Sonnleitner shielded himself from the adverse economic effect of his demotion by requesting a transfer to the night shift, where he earned a pay premium.


15
On June 19, 2000, Sonnleitner commenced an action in Wisconsin state court to enforce the Commission's ruling. He also filed a § 1983 claim for damages against the WDHFS and four Institute supervisors (individually and in their official capacities), alleging that he was deprived of his right to a supervisory position without due process of law. Defendants subsequently removed this action to federal court and there filed a