davis
scherer
argued
april
decided
june
avoid
conflicts
interest
order
florida
department
highway
safety
motor
vehicles
department
required
proposed
outside
employment
members
florida
highway
patrol
approved
department
appellee
highway
patrol
employee
originally
received
permission
accept
employment
county
sheriff
office
permission
later
revoked
appellee
refused
quit
job
director
highway
patrol
ordered
appellee
employment
patrol
terminated
appellee
administrative
appeal
pending
department
settled
dispute
reinstated
friction
appellee
superiors
continued
resigned
suspended
patrol
appellee
filed
present
suit
appellants
certain
present
former
officials
department
highway
patrol
seeking
relief
requested
declaration
appellants
violated
due
process
clause
fourteenth
amendment
discharging
without
formal
pretermination
prompt
hearing
sought
award
money
damages
granting
requested
relief
ultimately
held
appellants
forfeited
qualified
immunity
suit
even
though
appellee
due
process
rights
clearly
established
time
discharge
appellants
followed
administrative
regulations
discharging
appellee
concluded
therefore
appellants
belief
legality
conduct
unreasonable
entitled
qualified
immunity
appeals
affirmed
held
plaintiff
seeks
damages
violation
constitutional
statutory
rights
may
overcome
defendant
official
qualified
immunity
showing
rights
clearly
established
time
conduct
issue
appellee
made
showing
whether
official
may
prevail
qualified
immunity
defense
depends
upon
objective
reasonableness
conduct
measured
reference
clearly
established
law
circumstances
relevant
issue
qualified
immunity
harlow
fitzgerald
pp
district
recognized
authoritative
precedent
circuit
constitutional
right
state
employee
pretermination
prompt
hearing
well
established
time
conduct
question
unreasonable
fourteenth
amendment
due
process
principles
department
conclude
appellee
provided
fundamentals
due
process
thus
district
correctly
held
appellee
demonstrated
violation
clearly
established
constitutional
rights
pp
appellants
forfeit
qualified
immunity
suit
violation
federal
constitutional
rights
merely
failed
comply
clear
state
regulation
appellee
contended
official
violation
clear
state
statute
regulation
although
actionable
deprive
official
qualified
immunity
damages
violation
statutory
constitutional
provisions
view
adopted
disrupt
proper
balance
interests
vindication
citizens
constitutional
rights
public
officials
effective
performance
duties
always
fair
sound
policy
demand
official
compliance
statute
regulation
pain
money
damages
officials
subject
plethora
rules
often
voluminous
ambiguous
contradictory
flux
officials
comply
selectively
circumstances
officials
err
always
side
caution
pp
powell
delivered
opinion
burger
white
rehnquist
joined
brennan
filed
opinion
concurring
part
dissenting
part
marshall
blackmun
stevens
joined
post
mitchell
franks
argued
cause
appellants
briefs
jim
smith
attorney
general
florida
vicki
gordon
kaufman
bruce
minnick
pamela
assistant
attorneys
general
richard
wilkins
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
lee
acting
assistant
attorney
general
willard
deputy
solicitor
general
geller
barbara
herwig
john
cordes
bruce
rogow
argued
cause
filed
brief
appellee
michael
helfer
burt
neuborne
charles
sims
filed
brief
american
civil
liberties
union
amicus
curiae
urging
affirmance
justice
powell
delivered
opinion
appellants
case
challenge
holding
appeals
state
official
loses
qualified
immunity
suit
deprivation
federal
constitutional
rights
found
violated
clear
command
state
administrative
regulation
present
controversy
arose
appellee
gregory
scherer
employed
florida
highway
patrol
operator
applied
permission
patrol
work
well
escambia
county
sheriff
office
reserve
deputy
avoid
conflicts
interest
order
florida
department
highway
safety
motor
vehicles
required
proposed
outside
employment
patrol
members
approved
department
letter
appellee
troop
commander
capt
sconiers
dated
september
granted
appellee
permission
accept
work
letter
noted
permission
rescinded
employment
interfere
duties
department
supp
nd
later
month
capt
sconiers
informed
appellee
memorandum
permission
accept
employment
revoked
capt
sconiers
explained
trial
superiors
highway
patrol
determined
appellee
reserve
deputy
duties
conflict
duties
highway
patrol
appellee
continued
work
second
job
despite
revocation
permission
oral
discussions
exchange
letters
among
appellee
superiors
ensued
sgt
clark
appellee
immediate
superior
advised
appellee
violating
instructions
appellee
explained
invested
much
money
uniforms
give
work
wiggins
next
highest
officer
chain
command
orally
memorandum
ordered
appellee
quit
job
appellee
explained
wiggins
saw
conflict
two
jobs
quit
second
job
sgt
clark
wiggins
submitted
memoranda
capt
sconiers
described
appellee
continued
employment
conversations
appellee
appellee
also
wrote
capt
sconiers
explaining
saw
reason
resign
outside
employment
advised
capt
sconiers
recommended
beach
director
florida
highway
patrol
appellee
suspended
three
days
violation
policy
capt
sconiers
submitted
number
documents
including
letters
approving
appellee
request
rescinding
approval
appellee
letter
request
subsequent
letter
explaining
refusal
quit
job
memoranda
sgt
clark
wiggins
basis
documents
beach
october
ordered
appellee
employment
florida
highway
patrol
terminated
november
appellee
filed
appeal
florida
career
service
commission
commission
heard
appellee
administrative
appeal
dismissal
appellee
department
settled
dispute
settlement
reinstated
appellee
backpay
friction
appellee
superiors
continued
january
appellee
suspended
patrol
resigned
avoid
harassment
remove
cloud
employability
appellee
filed
present
suit
appellants
district
northern
district
florida
seeking
relief
appellee
complaint
alleged
appellants
violated
due
process
clause
fourteenth
amendment
discharging
appellee
job
without
formal
pretermination
prompt
hearing
appellee
requested
declaration
rights
violated
award
money
damages
district
granted
requested
relief
violation
appellee
fourteenth
amendment
rights
found
appellee
property
interest
job
procedures
followed
appellants
discharge
appellee
constitutionally
inadequate
fourteenth
amendment
declared
unconstitutional
florida
statutory
provisions
governing
removal
state
employees
stat
finally
district
concluded
appellants
forfeited
qualified
immunity
suit
appellee
due
process
rights
clearly
established
time
october
dismissal
five
days
entry
district
order
appeals
fifth
circuit
decided
weisbrod
donigan
appeals
held
florida
officials
violated
due
process
rights
discharging
permanent
state
employee
without
pretermination
prompt
hearing
motion
reconsideration
district
found
weisbrod
required
vacate
prior
holding
appellants
forfeited
immunity
violating
appellee
clearly
established
constitutional
rights
nevertheless
reaffirmed
award
monetary
damages
reasoned
proof
official
violated
clearly
established
constitutional
rights
sole
way
overcome
official
claim
qualified
immunity
applying
totality
circumstances
test
scheuer
rhodes
district
held
official
violates
agency
explicit
regulations
force
state
law
evidence
conduct
unreasonable
respect
noted
personnel
regulations
florida
highway
patrol
clearly
required
complete
investigation
charge
opportunity
employee
respond
writing
district
concluded
appellants
discharging
appellee
followed
procedures
contrary
department
rules
regulations
therefore
appellants
entitled
qualified
immunity
belief
legality
challenged
conduct
unreasonable
ibid
explicitly
relied
upon
official
violation
personnel
regulation
stating
departmental
order
adopted
prior
appellee
dismissal
damages
kind
awarded
ibid
district
order
amending
judgment
discuss
issue
whether
appellants
violated
appellee
federal
constitutional
rights
issue
district
relied
upon
previous
opinion
indicate
personnel
regulation
relevant
analysis
appellee
rights
due
process
clause
district
also
amended
judgment
declaring
florida
civil
service
statute
unconstitutional
state
motion
reconsideration
informed
statute
repealed
florida
legislature
district
therefore
declared
unconstitutional
provisions
newly
enacted
civil
service
statute
fla
ch
supp
insofar
fail
provide
prompt
hearing
appeals
affirmed
basis
district
opinion
scherer
graham
noted
probable
jurisdiction
consider
whether
appeals
properly
declared
florida
statute
unconstitutional
denied
appellants
claim
qualified
immunity
appellants
seek
review
district
finding
appellee
constitutional
rights
violated
appellee
concedes
district
lacked
jurisdiction
adjudicate
constitutionality
florida
statute
enacted
consider
issue
qualified
immunity
reverse
ii
present
posture
case
district
decision
appellants
violated
appellee
rights
fourteenth
amendment
undisputed
finding
district
based
entirely
upon
federal
constitutional
law
resolves
merits
appellee
underlying
claim
relief
however
decide
issue
damages
even
defendants
violate
constitutional
rights
enjoy
qualified
immunity
protects
liability
damages
unless
demonstrated
conduct
unreasonable
applicable
standard
precise
standard
determining
official
may
assert
qualified
immunity
defense
clarified
recent
cases
see
wood
strickland
butz
economou
harlow
fitzgerald
present
case
requires
us
consider
application
standard
official
conduct
violated
state
regulation
well
provision
federal
constitution
district
analysis
appellants
qualified
immunity
written
decision
harlow
fitzgerald
supra
rests
upon
totality
circumstances
surrounding
appellee
separation
job
applied
standard
scheuer
rhodes
subsequent
cases
recognized
wood
strickland
supra
totality
circumstances
test
comprised
two
separate
inquiries
inquiry
objective
reasonableness
defendant
official
conduct
light
governing
law
inquiry
official
subjective
state
mind
harlow
fitzgerald
supra
rejected
inquiry
state
mind
favor
wholly
objective
standard
harlow
officials
shielded
liability
civil
damages
insofar
conduct
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
whether
official
may
prevail
qualified
immunity
defense
depends
upon
objective
reasonableness
conduct
measured
reference
clearly
established
law
ibid
deleted
circumstances
relevant
issue
qualified
immunity
appellee
suggests
however
district
judgment
reconciled
harlow
two
ways
first
appellee
urges
record
evinces
violation
constitutional
rights
clearly
established
second
appellee
view
district
correctly
found
absent
violation
clearly
established
constitutional
rights
appellants
violation
state
administrative
regulation
although
irrelevant
merits
appellee
underlying
constitutional
claim
decisive
qualified
immunity
question
view
neither
submission
consistent
prior
cases
appellee
contends
district
reliance
qualified
immunity
analysis
upon
state
regulation
superfluous
brief
appellee
federal
constitutional
right
pretermination
prompt
hearing
well
established
fifth
circuit
time
conduct
question
district
recognized
rejecting
appellee
contention
weisbrod
donigan
authoritative
precedent
contrary
appeals
case
found
state
violated
clearly
established
due
process
right
discharged
civil
service
employee
without
pretermination
hearing
unreasonable
case
fourteenth
amendment
due
process
principles
department
conclude
appellee
provided
fundamentals
due
process
stated
district
found
appellee
informed
several
times
department
objection
second
employment
took
advantage
several
opportunities
present
reasons
believing
permitted
retain
employment
despite
contrary
rules
patrol
appellee
statement
reasons
relevant
information
senior
official
made
decision
discharge
appellee
florida
law
provided
full
evidentiary
hearing
termination
conclude
district
correctly
held
appellee
demonstrated
violation
clearly
established
constitutional
rights
appellee
second
ground
affirmance
substance
upon
district
relied
appellee
submits
appellants
failing
comply
clear
state
regulation
forfeited
qualified
immunity
suit
violation
federal
constitutional
rights
appellee
makes
claim
appellants
violation
state
regulation
either
actionable
bears
upon
claim
constitutional
right
appellee
asserts
appellee
also
recognizes
harlow
fitzgerald
makes
immunity
available
officials
whose
conduct
conforms
standard
objective
legal
reasonableness
nonetheless
appellee
view
official
conduct
contravenes
statute
regulation
objectively
reasonable
officials
fairly
may
expected
conform
conduct
legal
norms
appellee
also
argues
lawfulness
official
conduct
statute
regulation
may
determined
early
lawsuit
motion
summary
judgment
appellee
urges
therefore
defendant
official
violation
clear
statute
regulation
although
basis
suit
deprive
official
qualified
immunity
damages
violation
statutory
constitutional
provisions
face
appellee
reasoning
without
force
decline
however
adopt
even
harlow
cases
made
clear
objective
component
immunity
test
official
held
liable
damages
unless
constitutional
right
alleged
violated
clearly
established
time
violation
butz
economou
emphasis
added
accord
procunier
navarette
officials
sued
constitutional
violations
lose
qualified
immunity
merely
conduct
violates
statutory
administrative
provision
acknowledge
course
officials
conform
conduct
applicable
statutes
regulations
reason
appealing
proposition
violation
provisions
circumstance
relevant
official
claim
qualified
immunity
determining
circumstances
may
consider
deciding
claims
qualified
immunity
choose
evils
inevitable
available
alternative
harlow
fitzgerald
appellee
submission
adopted
disrupt
balance
cases
strike
interests
vindication
citizens
constitutional
rights
public
officials
effective
performance
duties
qualified
immunity
doctrine
recognizes
officials
act
without
fear
harassing
litigation
reasonably
anticipate
conduct
may
give
rise
liability
damages
unjustified
lawsuits
quickly
terminated
see
butz
economou
supra
harlow
fitzgerald
supra
yet
appellee
submission
officials
liable
indeterminate
amount
violation
constitutional
right
one
clearly
defined
perhaps
even
foreshadowed
time
alleged
violation
merely
official
conduct
also
violated
statute
regulation
suits
issue
whether
official
enjoyed
qualified
immunity
might
depend
upon
meaning
purpose
state
administrative
regulation
questions
federal
judges
often
may
unable
resolve
summary
judgment
appellee
proposes
new
rule
qualified
immunity
limited
requiring
plaintiffs
allege
clear
violation
statute
regulation
advanced
important
interests
designed
protect
constitutional
rights
yet
door
opened
inquiries
difficult
limit
scope
principled
manner
federal
judges
granted
large
discretion
extract
various
statutory
administrative
codes
provisions
seem
sufficiently
clear
important
warrant
denial
qualified
immunity
judgments
fairly
made
extensive
inquiry
whether
official
circumstances
decision
appreciated
applicability
importance
rule
issue
become
difficult
officials
anticipate
possible
legal
consequences
conduct
also
trial
courts
decide
even
frivolous
suits
without
protracted
litigation
always
fair
sound
policy
demand
official
compliance
statute
regulation
pain
money
damages
officials
police
officers
prison
wardens
say
nothing
higher
level
executives
enjoy
qualified
immunity
routinely
make
close
decisions
exercise
broad
authority
necessarily
delegated
officials
subject
plethora
rules
often
voluminous
ambiguous
contradictory
flux
officials
comply
enforce
selectively
see
schuck
suing
government
circumstances
officials
err
always
side
caution
fficials
broad
range
duties
authority
must
often
act
swiftly
firmly
risk
action
deferred
futile
constitute
virtual
abdication
office
scheuer
rhodes
iii
plaintiff
seeks
damages
violation
constitutional
statutory
rights
may
overcome
defendant
official
qualified
immunity
showing
rights
clearly
established
time
conduct
issue
appellee
made
showing
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
appellant
ralph
davis
executive
director
department
highway
safety
motor
vehicles
time
appellee
discharge
employment
appellant
chester
blakemore
succeeded
davis
position
party
official
capacity
appellant
eldridge
beach
director
florida
highway
patrol
division
department
highway
safety
motor
vehicles
noted
held
position
time
appellee
discharge
complaint
also
alleged
appellants
violation
fourteenth
amendment
coerced
appellee
accept
inadequate
settlement
infringed
upon
appellee
right
privacy
guaranteed
first
ninth
amendments
district
rejected
appellee
constitutional
claims
district
relied
part
reasoning
williams
treen
cert
denied
held
official
conduct
violation
explicit
clearly
established
state
regulation
per
se
unreasonable
regulations
specified
pertinent
part
upon
receiving
report
violation
department
division
rules
regulations
director
shall
order
complete
investigation
determine
true
facts
concerning
circumstances
surrounding
alleged
offense
completed
investigation
report
also
contain
written
statement
made
employee
complaint
made
thorough
study
information
concerning
violation
director
decides
dismissal
order
present
employee
writing
reason
reasons
actions
general
order
sep
quoted
florida
civil
service
statute
force
replaced
statute
appellee
employment
terminated
current
state
statute
never
applied
appellee
lacks
standing
question
constitutionality
cf
golden
zwickler
appellee
concession
deprive
appellate
jurisdiction
remaining
issue
case
cases
appeals
declared
state
statute
unconstitutional
may
decide
federal
questions
presented
cf
flournoy
wiener
leroy
great
western
retains
discretion
decline
consider
issues
case
related
declaration
state
statute
invalid
present
case
however
choose
consider
important
question
whether
district
appeals
properly
denied
appellants
immunity
suit
discuss
contested
whether
constitutional
rights
clearly
established
time
appellants
conduct
see
reason
doubt
partial
dissent
appeals
weisbrod
full
knowledge
precedents
correctly
construed
partial
dissent
explains
length
decisions
required
kind
hearing
board
regents
roth
prior
discharge
employee
constitutionally
protected
property
interest
employment
determined
kind
hearing
must
provided
determination
require
careful
balancing
competing
interests
employee
state
implicated
official
decision
issue
see
mathews
eldridge
considered
circumstances
hearing
provided
prior
termination
perry
sindermann
requirements
due
process
met
board
regents
roth
supra
arnett
kennedy
bishop
wood
codd
velger
occasion
specify
minimally
acceptable
procedures
termination
employment
partial
dissent
cites
case
establishing
appellee
entitled
elaborate
notice
formal
opportunity
respond
fact
received
state
law
may
bear
upon
claim
due
process
clause
property
interests
protected
fourteenth
amendment
created
state
law
see
board
regents
roth
supra
appellee
property
interest
job
florida
law
undisputed
appellee
contend
procedural
rules
state
law
govern
constitutional
analysis
process
due
fourteenth
amendment
harlow
acknowledged
officials
may
lose
immunity
violating
clearly
established
statutory
rights
case
plaintiff
seeks
recover
damages
violation
statutory
rights
harlow
see
many
suits
see
maine
thiboutot
holding
creates
cause
action
state
officials
violating
federal
statutes
reasons
discuss
officials
sued
violations
rights
conferred
statute
regulation
like
officials
sued
violation
constitutional
rights
forfeit
immunity
violating
statute
regulation
rather
officials
become
liable
damages
extent
clear
violation
statutory
rights
give
rise
cause
action
damages
statute
regulation
give
rise
cause
action
damages
clear
violation
statute
regulation
forfeits
immunity
respect
damages
caused
violation
present
case
noted
claim
state
regulation
laws
authorized
promulgation
create
cause
action
damages
provide
basis
action
brought
harlow
suit
federal
state
officials
cases
recognized
qualified
immunity
rules
apply
suits
state
officers
suits
federal
officers
bivens
six
unknown
federal
narcotics
agents
see
butz
economou
neither
federal
state
officials
lose
immunity
violating
clear
command
statute
regulation
federal
state
law
unless
statute
regulation
provides
basis
cause
action
sued
upon
officials
required
know
applicable
regulations
also
understand
intent
regulation
adopted
understanding
often
eludes
even
trained
lawyers
full
access
relevant
legislative
administrative
materials
unfair
impracticable
require
understanding
public
officials
generally
appellee
urges
well
appellants
violation
personnel
regulation
constituted
breach
ministerial
duty
established
regulation
follow
various
procedures
terminating
appellee
employment
although
decision
discharge
employee
clearly
discretionary
appellee
reasons
highway
patrol
regulation
deprived
appellants
discretion
determining
procedures
followed
prior
discharge
view
harlow
standard
inapposite
doctrine
grants
qualified
immunity
officials
performance
discretionary
ministerial
functions
appellee
contention
mistakes
scope
ministerial
duty
exception
qualified
immunity
two
respects
first
discussed
breach
legal
duty
created
personnel
regulation
forfeit
official
immunity
breach
gave
rise
appellee
cause
action
damages
principle
equally
applies
whether
regulation
created
discretionary
ministerial
duties
even
personnel
regulation
create
ministerial
duty
appellee
makes
claim
entitled
damages
simply
regulation
violated
see
supra
event
rules
purportedly
established
appellants
ministerial
duties
present
case
left
appellants
substantial
measure
discretion
cf
amy
supervisors
wall
kendall
stokes
appellants
determine
example
constituted
complete
investigation
thorough
study
information
sufficient
justify
decision
terminate
appellee
employment
see
supra
district
finding
appellants
ignored
clear
legal
command
bear
ministerial
nature
appellants
duties
law
fails
specify
precise
action
official
must
take
instance
creates
discretionary
authority
authority
remains
discretionary
however
egregiously
abused
cf
kendall
stokes
supra
justice
brennan
justice
marshall
justice
blackmun
justice
stevens
join
concurring
part
dissenting
part
harlow
fitzgerald
decided
government
officials
seeking
establish
qualified
immunity
must
show
acts
omissions
violating
plaintiff
rights
objectively
reasonable
specifically
conduct
issue
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
today
purport
change
standard
yet
holds
despite
discharging
civil
service
employee
without
meaningful
notice
opportunity
heard
appellants
entitled
immunity
suit
damages
reaches
decision
essentially
ignoring
facts
case
law
relevant
appellants
conduct
time
events
issue
view
appellants
plainly
violated
appellee
clearly
established
rights
conclusion
contrary
seriously
dilutes
harlow
careful
effort
preserve
availability
damages
actions
governmental
officials
critical
avenue
vindication
constitutional
guarantees
accordingly
dissent
portion
judgment
reversing
award
damages
order
determine
whether
defendant
violated
plaintiff
clearly
established
rights
seem
necessary
make
two
inquiries
well
within
familiar
province
particular
act
omission
defendant
violated
plaintiff
federal
rights
whether
governing
case
statutory
law
given
reasonable
official
cause
know
time
relevant
events
acts
omissions
violated
plaintiff
rights
however
asks
neither
question
brief
treatment
issue
includes
reference
district
findings
fact
respect
conduct
issue
surprising
since
findings
affirmed
summarily
appeals
appellants
claim
clearly
erroneous
demonstrate
appellee
never
informed
might
fired
violating
regulations
dual
employment
appellee
ever
opportunity
persuade
relevant
decisionmaker
disciplined
regulation
appellee
ultimately
fired
violating
required
patrol
members
receive
prior
approval
outside
employment
order
avoid
conflicts
interest
regular
duties
supp
nd
upon
request
appellee
obtained
approval
troop
commander
work
security
guard
movie
set
three
weeks
later
commander
revoked
approval
followed
exchange
memos
appellee
immediate
superiors
commander
indicating
appellee
wish
relinquish
job
apparently
without
informing
appellee
commander
recommended
director
highway
patrol
beach
appellee
suspended
three
days
nearly
week
later
intermediate
superior
ordered
appellee
terminate
outside
employment
day
appellee
wrote
commander
stating
believe
outside
work
caused
conflict
interest
although
officials
department
suggested
ways
appellee
work
might
create
conflict
one
ever
identified
conflict
plaintiff
superior
ordered
appellee
terminate
job
testified
know
conflict
ibid
meanwhile
beach
official
authority
terminate
appellee
received
copies
various
letters
exchanged
without
informing
appellee
soliciting
views
decided
discharge
district
summarized
certified
letter
dated
october
received
plaintiff
october
scherer
terminated
fhp
employment
effective
october
time
prior
letter
termination
plaintiff
given
notice
writing
proposed
discharge
opportunity
respond
verbally
writing
official
charged
making
termination
decision
defendant
beach
time
prior
october
plaintiff
notified
right
might
respond
beach
letter
dismissal
failing
warn
appellee
conduct
result
deprivation
protected
property
interest
highway
patrol
job
denying
opportunity
challenge
deprivation
appellants
violated
fundamental
requirements
due
process
law
meaningful
notice
reasonable
opportunity
heard
contrary
conclusion
requirements
clearly
established
long
october
date
appellee
learned
fired
long
ago
emphasized
fundamental
requisite
due
process
law
opportunity
heard
grannis
ordean
explained
government
failure
afford
reasonable
notice
kinds
conduct
result
deprivations
liberty
property
violates
first
essential
due
process
law
connally
general
construction
several
decisions
concluded
public
employees
interests
maintaining
jobs
abridged
without
due
process
slochower
board
education
wieman
updegraff
see
board
regents
roth
january
nearly
six
years
prior
appellee
termination
reaffirmed
efore
person
deprived
protected
interest
must
afforded
opportunity
kind
hearing
except
extraordinary
situations
valid
governmental
interest
stake
justifies
postponing
hearing
event
boddie
connecticut
controversies
raged
due
process
clause
fundamental
except
emergency
situations
one
due
process
requires
state
seeks
terminate
protected
interest
must
afford
notice
opportunity
hearing
appropriate
nature
case
termination
becomes
effective
bell
burson
rare
extraordinary
situations
held
deprivation
protected
interest
need
preceded
opportunity
kind
hearing
see
central
union
trust
garvan
phillips
commissioner
ewing
mytinger
casselberry
board
regents
roth
supra
procedural
due
process
imposes
constraints
governmental
decisions
deprive
individuals
liberty
property
interests
within
meaning
due
process
clause
fifth
fourteenth
amendment
consistently
held
form
hearing
required
individual
finally
deprived
property
interest
wolff
mcdonnell
see
phillips
commissioner
see
also
dent
west
virginia
right
heard
condemned
suffer
grievous
loss
kind
even
though
may
involve
stigma
hardships
criminal
conviction
principle
basic
society
joint
comm
mcgrath
frankfurter
concurring
fundamental
requirement
due
process
opportunity
heard
meaningful
time
meaningful
manner
armstrong
manzo
see
grannis
ordean
mathews
eldridge
ambiguity
repeated
pronouncements
appellants
several
reasons
know
failure
afford
appellee
meaningful
pretermination
notice
hearing
violated
due
process
two
years
prior
appellee
discharge
florida
attorney
general
explained
official
opinion
areer
service
employees
attained
permanent
status
career
service
system
acquired
property
interest
public
positions
emoluments
thereof
job
security
seniority
may
deprived
without
due
process
law
op
atty
year
events
issue
case
involving
jacksonville
city
civil
service
board
appeals
fifth
circuit
left
doubt
thought
clearly
established
law
required
governmental
employer
chooses
postpone
opportunity
nonprobationary
employee
secure
hearing
dismissal
risk
reducing
procedures
must
accorded
must
include
prior
termination
written
notice
reasons
termination
effective
opportunity
rebut
reasons
effective
rebuttal
must
give
employee
right
respond
writing
charges
made
respond
orally
official
charged
responsibility
making
termination
decision
thurston
dekle
vacated
remanded
grounds
upon
receiving
report
violation
department
division
rules
regulations
director
shall
order
complete
investigation
determine
true
facts
concerning
circumstances
surrounding
alleged
offense
completed
investigation
report
also
contain
written
statement
made
employee
complaint
made
thorough
study
information
concerning
violation
director
decides
dismissal
order
present
employee
writing
reason
reasons
actions
general
order
quoted
basis
rejection
appellee
claim
assertion
unreasonable
case
fourteenth
amendment
principles
department
conclude
appellee
provided
fundamentals
due
process
ante
seeks
support
statement
relying
fact
appellee
told
discontinue
second
job
took
advantage
several
opportunities
present
reasons
believing
permitted
retain
employment
ibid
appellee
however
opportunity
present
reasons
retaining
civil
service
job
florida
highway
patrol
employment
protected
property
interest
see
indeed
according
district
never
told
highway
patrol
job
jeopardy
never
chance
try
persuade
relevant
decisionmaker
second
job
create
conflict
interest
concedes
decisions
required
notice
kind
hearing
prior
discharge
employee
constitutionally
protected
property
interest
employment
ante
case
appellee
received
meaningful
notice
kind
hearing
official
fired
sum
believe
appellants
actions
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
harlow
therefore
affirm
district
award
damages
agree
district
erred
declaring
new
florida
civil
service
statute
unconstitutional
see
ante
therefore
concur
portion
judgment
vacating
paragraph
district
amended
order
see
supp
nd
believe
appellants
entitled
qualified
immunity
standards
set
forth
harlow
fitzgerald
need
consider
whether
appellee
contends
violation
department
regulation
defeat
immunity
violating
federal
rights
officials
reasonable
knowledge
seems
plain
however
existence
regulation
relevant
harlow
analysis
regardless
whether
appeals
thinks
appellee
right
pretermination
notice
hearing
clearly
established
presence
regulation
obviously
intended
safeguard
public
employees
constitutional
rights
certainly
suggests
appellants
reason
believe
depriving
appellee
due
process
cf
harlow
supra
brennan
concurring
objective
basis
knowledge
provides
least
reliable
measure
reasonableness
official
action
post
hoc
parsing
cases
see