cleveland
board
education
loudermill
argued
december
decided
march
together
parma
board
education
donnelly
et
loudermill
cleveland
board
education
et
also
certiorari
petitioner
board
education
hired
respondent
loudermill
security
guard
job
application
loudermill
stated
never
convicted
felony
subsequently
upon
discovering
fact
convicted
grand
larceny
board
dismissed
dishonesty
filling
job
application
afforded
opportunity
respond
dishonesty
charge
challenge
dismissal
ohio
law
loudermill
classified
civil
servant
statute
employee
terminated
cause
entitled
administrative
review
dismissal
filed
appeal
civil
service
commission
hearings
referee
commission
upheld
dismissal
nine
months
appeal
filed
although
commission
decision
subject
review
state
courts
loudermill
instead
filed
suit
federal
district
alleging
ohio
statute
providing
administrative
review
unconstitutional
face
provided
opportunity
discharged
employee
respond
charges
prior
removal
thus
depriving
liberty
property
without
due
process
also
alleged
statute
unconstitutional
applied
discharged
employees
given
sufficiently
prompt
postremoval
hearings
district
dismissed
suit
failure
state
claim
relief
granted
holding
statute
created
property
right
continued
employment
also
specified
procedures
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procedures
followed
loudermill
definition
afforded
process
due
hearings
also
adequately
protected
loudermill
property
interest
light
commission
crowded
docket
delay
processing
appeal
constitutionally
acceptable
petitioner
board
education
fired
respondent
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bus
mechanic
failed
eye
examination
appealed
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service
commission
ordered
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without
backpay
filed
complaint
federal
district
essentially
identical
loudermill
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failure
state
claim
consolidated
appeal
appeals
reversed
part
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due
process
compelling
private
interest
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employment
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value
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outweighed
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regard
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deprivation
liberty
loudermill
wait
administrative
decision
affirmed
district
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held
process
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provided
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opportunity
respond
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administrative
procedures
provided
ohio
statute
since
respondents
alleged
chance
respond
district
erred
dismissing
complaints
failure
state
claim
pp
ohio
statute
plainly
supports
conclusion
respondents
possess
property
rights
continued
employment
due
process
clause
provides
substantive
rights
life
liberty
property
deprived
except
pursuant
constitutionally
adequate
procedures
categories
substance
procedure
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property
defined
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provided
deprivation
pp
principle
due
process
clause
individual
must
given
opportunity
hearing
deprived
significant
property
interest
requires
kind
hearing
prior
discharge
employee
constitutionally
protected
property
interest
employment
need
form
pretermination
hearing
evident
balancing
competing
interests
stake
private
interest
retaining
employment
governmental
interests
expeditious
removal
unsatisfactory
employees
avoidance
administrative
burdens
risk
erroneous
termination
pp
pretermination
hearing
need
definitively
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propriety
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initial
check
mistaken
decisions
essentially
determination
whether
reasonable
grounds
believe
charges
employee
true
support
proposed
action
essential
requirements
due
process
notice
opportunity
respond
pp
delay
loudermill
administrative
proceedings
constitute
separate
constitutional
violation
due
process
clause
requires
provision
hearing
meaningful
time
delay
stemmed
part
thoroughness
procedures
pp
white
delivered
opinion
burger
blackmun
powell
stevens
joined
parts
ii
iii
iv
brennan
joined
part
ii
marshall
joined
marshall
filed
opinion
concurring
part
concurring
judgment
post
brennan
filed
opinion
concurring
part
dissenting
part
post
rehnquist
filed
dissenting
opinion
post
james
wyman
argued
cause
petitioners
nos
respondents
brief
petitioner
thomas
simiele
john
lewis
john
meredith
filed
brief
petitioner
john
maddox
stuart
freidman
filed
brief
respondents
cleveland
civil
service
commission
et
al
robert
fertel
appointment
argued
cause
filed
briefs
respondents
nos
petitioner
fn
briefs
amici
curiae
urging
reversal
nos
filed
state
ohio
et
al
anthony
celebrezze
attorney
general
ohio
gene
holliker
christine
manuelian
assistant
attorneys
general
charles
graddick
attorney
general
alabama
robert
corbin
attorney
general
arizona
tany
hong
attorney
general
hawaii
lindley
pearson
attorney
general
indiana
robert
stephen
attorney
general
kansas
frank
kelley
attorney
general
michigan
hubert
humphrey
iii
attorney
general
minnesota
william
allain
attorney
general
mississippi
michael
greely
attorney
general
montana
brian
mckay
attorney
general
nevada
gregory
smith
attorney
general
new
hampshire
irwin
kimmelman
attorney
general
new
jersey
robert
wefald
attorney
general
north
dakota
michael
turpen
attorney
general
oklahoma
david
frohnmayer
attorney
general
oregon
leroy
zimmerman
attorney
general
pennsylvania
mark
meierhenry
attorney
general
south
dakota
bronson
la
follette
attorney
general
wisconsin
archie
mcclintock
attorney
general
wyoming
national
school
boards
association
gwendolyn
gregory
august
steinhilber
briefs
amici
curiae
urging
affirmance
nos
filed
american
civil
liberties
union
cleveland
foundation
gordon
beggs
edward
stege
charles
sims
american
federation
state
county
municipal
employees
richard
kirschner
national
educational
association
robert
chanin
michael
gottesman
justice
white
delivered
opinion
cases
consider
pretermination
process
must
accorded
public
employee
discharged
cause
cleveland
board
education
petitioner
hired
respondent
james
loudermill
security
guard
job
application
loudermill
stated
never
convicted
felony
eleven
months
later
part
routine
examination
employment
records
board
discovered
fact
loudermill
convicted
grand
larceny
letter
dated
november
board
business
manager
informed
loudermill
dismissed
dishonesty
filling
employment
application
loudermill
afforded
opportunity
respond
charge
dishonesty
challenge
dismissal
november
board
adopted
resolution
officially
approving
discharge
ohio
law
loudermill
classified
civil
servant
ohio
rev
code
ann
employees
terminated
cause
may
obtain
administrative
review
discharged
pursuant
provision
loudermill
filed
appeal
cleveland
civil
service
commission
november
commission
appointed
referee
held
hearing
january
loudermill
argued
thought
larceny
conviction
misdemeanor
rather
felony
referee
recommended
reinstatement
july
full
commission
heard
argument
orally
announced
uphold
dismissal
proposed
findings
fact
conclusions
law
followed
august
loudermill
attorneys
advised
result
mail
august
although
commission
decision
subject
judicial
review
state
courts
loudermill
instead
brought
present
suit
federal
district
northern
district
ohio
complaint
alleged
unconstitutional
face
provide
employee
opportunity
respond
charges
prior
removal
result
discharged
employees
deprived
liberty
property
without
due
process
complaint
also
alleged
provision
unconstitutional
applied
discharged
employees
given
sufficiently
prompt
postremoval
hearings
responsive
pleading
filed
district
dismissed
failure
state
claim
relief
granted
see
fed
rule
civ
proc
held
statute
created
property
right
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employment
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procedures
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afforded
process
due
hearing
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protected
loudermill
liberty
interests
finally
district
concluded
light
commission
crowded
docket
delay
processing
loudermill
administrative
appeal
constitutionally
acceptable
app
pet
cert
pp
case
us
arises
similar
facts
followed
similar
course
respondent
richard
donnelly
bus
mechanic
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board
education
august
donnelly
fired
failed
eye
examination
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like
loudermill
donnelly
appealed
civil
service
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year
wrangling
timeliness
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commission
heard
case
ordered
donnelly
reinstated
though
without
backpay
complaint
essentially
identical
loudermill
donnelly
challenged
constitutionality
dismissal
procedures
district
dismissed
failure
state
claim
relying
opinion
loudermill
district
denied
joint
motion
alter
amend
judgment
cases
consolidated
appeal
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panel
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circuit
reversed
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remanded
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actions
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judicata
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appeals
found
respondents
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process
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rationale
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outweighed
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deprivation
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loudermill
wait
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decision
affirmed
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dissenting
judge
argued
respondents
property
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considered
constitutional
requirements
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cause
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process
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time
meaningful
manner
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petitioned
certiorari
nos
loudermill
sought
review
rulings
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granted
three
petitions
affirm
respects
ii
respondents
federal
constitutional
claim
depends
property
right
continued
employment
board
regents
roth
reagan
state
deprive
property
without
due
process
see
memphis
light
gas
water
div
craft
goss
lopez
property
interests
created
constitution
created
dimensions
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existing
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understandings
stem
independent
source
state
law
board
regents
roth
supra
see
also
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davis
ohio
statute
plainly
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interest
respondents
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service
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ohio
rev
code
ann
entitled
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plainly
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board
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property
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pp
board
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termination
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scope
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see
also
brief
state
ohio
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al
amici
curiae
argument
accepted
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genesis
plurality
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arnett
kennedy
arnett
involved
challenge
former
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arnett
kennedy
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powell
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process
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mullane
central
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connecticut
emphasis
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burson
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perry
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six
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steinberg
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kelly
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family
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even
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us
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powell
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lopez
require
prior
termination
intrude
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ohio
law
full
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loudermill
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district
erred
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case
remanded
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consistent
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footnotes
denying
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district
longer
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state
legislature
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creating
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result
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powell
concurring
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arnett
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eldridge
app
pet
cert
pp
course
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process
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also
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life
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appeals
finding
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loudermill
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unconstitutionally
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see
infra
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classified
civil
servant
may
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neglect
duty
violation
sections
rules
director
administrative
services
commission
failure
good
behavior
acts
misfeasance
malfeasance
nonfeasance
office
cleveland
board
education
asserts
loudermill
property
right
state
law
obtained
employment
lying
application
argues
loudermill
answered
truthfully
hired
therefore
lacked
legitimate
claim
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position
brief
petitioner
pp
several
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must
reject
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first
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second
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statutory
job
security
governmental
employees
previously
enjoyed
likewise
intent
excluding
elaborate
procedural
requirements
felt
make
operation
new
scheme
unnecessarily
burdensome
practice
focus
legislation
thus
strongly
procedural
mechanism
enforcing
substantive
right
simultaneously
conferred
decline
conclude
substantive
right
may
viewed
wholly
apart
procedure
provided
enforcement
employee
statutorily
defined
right
guarantee
removal
without
cause
abstract
guarantee
enforced
procedures
congress
designated
determination
cause
tenure
every
officer
employee
classified
service
state
counties
civil
service
townships
cities
city
health
districts
general
health
districts
city
school
districts
thereof
holding
position
chapter
revised
code
shall
good
behavior
efficient
service
officer
employee
shall
reduced
pay
position
suspended
removed
except
incompetency
inefficiency
dishonesty
drunkenness
immoral
conduct
insubordination
discourteous
treatment
public
neglect
duty
violation
sections
rules
director
administrative
services
commission
failure
good
behavior
acts
misfeasance
malfeasance
nonfeasance
office
ohio
rev
code
ann
thus
one
legislative
breath
ohio
conferred
upon
civil
service
employees
respondents
cases
limited
form
tenure
good
behavior
prescribed
procedures
tenure
may
terminated
arnett
employee
statutorily
defined
right
guarantee
removal
without
cause
abstract
guarantee
enforced
procedures
ohio
legislature
designated
determination
cause
opinion
rehnquist
stated
board
regents
roth
property
interests
course
created
constitution
rather
created
dimensions
defined
existing
rules
understandings
stem
independent
source
state
law
rules
understandings
secure
certain
benefits
support
claims
entitlement
benefits
concluded
somewhat
tortured
reasoning
ohio
created
property
right
respondents
cases
naturally
proceeds
inquire
process
due
respondents
may
divested
right
customary
balancing
inquiry
conducted
cases
reaches
result
quite
unobjectionable
seems
devoid
principles
either
instruct
endure
balance
simply
ad
hoc
weighing
depends
great
extent
upon
subjectively
views
underlying
interests
stake
results
previous
cases
cases
quite
unpredictable
paraphrase
justice
black
today
balancing
act
requires
pretermination
opportunity
respond
nothing
indicates
tomorrow
goldberg
kelly
black
dissenting
results
today
balance
certainly
jibe
result
goldberg
mathews
eldridge
lack
principled
standards
area
means
procedural
due
process
cases
recur
time
every
different
set
facts
present
new
issue
process
due
one
way
avoid
subjective
varying
interpretation
due
process
clause
cases
hold
one
avails
government
entitlements
accepts
grant
tenure
along
inherent
limitations
believe
fourteenth
amendment
constitution
support
conclusion
ohio
effort
confer
limited
form
tenure
upon
respondents
resulted
creation
property
right
employment
dissent
today
balancing
test
requires
pretermination
opportunity
respond
goldberg
required
hearing
mathews
declined
require
pretermination
process
required
statute
times
balancing
process
may
look
undertaken
thumb
scale
depending
upon
result
desired
example
mathews
minimized
importance
benefit
recipient
stating
termination
always
go
welfare
survive
see
also
brennan
dissenting
today
however
exalts
recipient
interest
retaining
employment
word
said
going
welfare
conversely
mathews
stressed
interests
state
today
goes
far
denigrate
state
interest
firing
school
security
guard
lied
prior
felony
conviction
ante
today
purports
describe
state
interest
ante
way
contrary
petitioner
boards
education
asserted
briefs
description
state
interests
looks
like
makeweight
support
result
decision
train
employ
strictly
decision
state
attempts
ameliorate
ruling
stating
state
may
always
suspend
employee
pay
lieu
predischarge
hearing
determines
poses
threat
ibid
less
justice
state
interest
financial
integrity
interest
promptly
terminating
employee
violated
conditions
tenure
ignores
ohio
current
practice
paying
back
wages
wrongfully
discharged
employees