Administrative Law Keyed to Strauss
Cleveland Board of Education v. Loudermill
Respondent was dismissed because of his dishonesty in filling out his application. He was classified as a civil servant, pursuant to Ohio Rev. Code Ann. Section:124.11, and could only be dismissed “for cause” and could “obtain administrative review if discharged,” under Section:124.34. Respondent filed an appeal with the Cleveland Civil Service Commission (Commission), and argued that he thought his 1968 larceny conviction was a misdemeanor, not a felony. Reinstatement was recommended by the referee, but the full Commission upheld the dismissal. In District Court, Respondent alleged that Section:123.34 was unconstitutional on its face because it did not provide an employee with notice and an opportunity to respond prior to removal; and also unconstitutional as applied because discharged employees weren’t given prompt post-removal hearings. The District Court dismissed for failure to state a claim for which relief could be granted because the statute’s procedures were followed; held the post-termination hearing adequately protected Respondent’s liberty interests; and the delay in the administrative appeal was acceptable in light of the Commission’s crowded docket. The Court of Appeals, however, found that Respondent had been denied due process.
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