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Administrative Law Keyed to Funk
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, the Board discovered he had a prior felony conviction for grand larceny. The Board terminated Loudermill for dishonesty without giving him an opportunity to respond to the charge. Similarly, Richard Donnelly was fired from his position as a bus mechanic for the Parma Board of Education after failing an eye examination, without being given a chance to respond. Both employees were classified civil servants under Ohio law, which meant they could only be discharged for cause. After termination, both filed administrative appeals as provided by Ohio law. Loudermill’s administrative proceedings took nine months, while Donnelly was eventually reinstated without backpay. Both filed federal lawsuits claiming that the Ohio statute was unconstitutional because it did not provide for pre-termination hearings, thus depriving them of property without due process of law.
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