Not a Lexis Advance subscriber? Try it out for free.

Cleveland Bd. of Educ. v. Loudermill

Supreme Court of the United States

December 3, 1984, Argued ; March 19, 1985, Decided

No. 83-1362

Case Summary

Procedural Posture

Petitioner sought certiorari from decision of United States Court of Appeals for Sixth Circuit, which found that respondents had been deprived of due process, and concluded that a compelling private interest in retaining employment, coupled with value of presenting evidence prior to dismissal, outweighed the added administrative burden of a pre-termination hearing.

Overview

Respondents, classified civil servants pursuant to Ohio Rev. Code Ann. § 124.11 (1984), were dismissed from employment without hearing. Respondents claimed that § 124.34 was unconstitutional on its face because it did not provide an employee an opportunity to respond to the charges against him prior to removal, and, as a result discharged employees were deprived of liberty and property without due process. On certiorari, the Court stated that the Due Process Clause of the United States Constitution provided that certain substantive rights, such as life, liberty, and property, could not be deprived except pursuant to constitutionally adequate procedures. The Court held that all the process that was due was provided by a pretermination opportunity to respond, coupled with post-termination administrative proceedings as provided by Ohio statute. As respondents alleged that they had no chance to respond, the district court erred in dismissing for failure to state a claim.

Outcome

The judgment was affirmed and the case was remanded for further proceedings consistent with the Court's opinion, on grounds that respondents, as classified civil servants, had to be afforded due process in form of pre-termination opportunity to respond, coupled with post-termination administrative proceedings as provided by Ohio statute.

LexisNexis® Headnotes

 

 

Civil Procedure > Judicial Officers > References

Governments > State & Territorial Governments > Employees & Officials

HN1  Judicial Officers, References

A "classified civil servant," under Ohio Rev. Code Ann. § 124.11 (1984), can be terminated only for cause, and may obtain administrative review if discharged. Ohio Rev. Code Ann. § 124.34.

 

Constitutional Law > ... > Fundamental Rights > Procedural Due Process > Scope of Protection

HN2  Procedural Due Process, Scope of Protection

If a party has a property right in continued employment, the State cannot not deprive him or her of this property without due process.

 

Constitutional Law > ... > Fundamental Rights > Procedural Due Process > Scope of Protection

HN3  Procedural Due Process, Scope of Protection

Property interests are not created by the United States Constitution, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law.

Access the full text caseNot a Lexis Advance subscriber? Try it out for free.

470 U.S. 532 ; 105 S. Ct. 1487 ; 84 L. Ed. 2d 494 ; 1985 U.S. LEXIS 68 ; 53 U.S.L.W. 4306; 118 L.R.R.M. 3041; 1 I.E.R. Cas. (BNA) 424

CLEVELAND BOARD OF EDUCATION v. LOUDERMILL ET AL.

Prior History:  [1]  CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

Disposition:  721 F.2d 550, affirmed and remanded.