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Administrative Law Keyed to Mawshaw
Cleveland Board of Education v. Loudermill
Citation:
470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985)Facts
James Loudermill was hired as a security guard by the Cleveland Board of Education in 1979. On his job application, he stated he had never been convicted of a felony. Eleven months later, during a routine check of his employment records, the Board discovered he had been convicted of grand larceny in 1968. The Board terminated Loudermill for dishonesty without giving him an opportunity to explain or challenge the dismissal. Richard Donnelly, a bus mechanic for the Parma Board of Education, was similarly terminated without a pre-termination hearing after failing an eye examination. Both employees were classified civil servants under Ohio law who could be terminated only for cause and were entitled to post-termination administrative review. Both filed appeals with the Civil Service Commission, which eventually reinstated Donnelly (without backpay) and upheld Loudermill’s termination. They then filed federal lawsuits claiming that Ohio’s statutory procedures violated due process by not providing an opportunity to respond before termination.
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