[Download] "Duchesne V. Williams" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Duchesne V. Williams
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 20, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This procedural due process case brought under § 1983, Title 42, U.S. Code (1982), presents this single issue on appeal: Does Cleveland Board of Education v. Loudermill, 470 U.S. 532, 84 L. Ed. 2d 494, 105 S. Ct. 1487 (1985), aff'g, 721 F.2d 550 (6th Cir. 1983), require that a discharged municipal employee receive a pretermination hearing before a neutral and impartial decisionmaker rather than before the supervisor who fired him? The District Court, and the panel decision of our Court which has now been vacated by the grant of en banc review (see Rule 14, Rules of the Sixth Circuit), held that Loudermill requires a pretermination hearing before a neutral decisionmaker, instead of simply giving the employee the right to respond to his supervisor in order to rebut or explain the reasons given for the discharge. We accept the reasoning of the Fourth and Fifth Circuits in Garraghty v. Jordan, 830 F.2d 1294, 1302 (4th Cir. 1987)("a pre-deprivation proceeding need not be a full evidentiary hearing with witnesses and a neutral decision maker"), and Schaper v. City of Huntsville, 813 F.2d 709, 715 (5th Cir. 1987)(same), that a right of reply before the official responsible for the discharge is the entitlement contemplated in Loudermill. We therefore reverse.