preview

Cleveland Board Of Education V. Loudermill Case Study

Decent Essays

Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) Facts: James Loudermill was dismissed from his job as a security guard for the Cleveland Board of Education for failing to disclose a prior felony conviction on his application. Loudermill, a classified civil servant under Ohio law, filed an appeal with the civil service commission stating Ohio statue provided he could only be terminated for cause; therefore, he was entitled to administrative review of his dismissal. Nine months after the appeal was filed the Commission upheld his termination. Loudermill filed suit in the District Court for the Northern District of Ohio alleging the Ohio statute that provided for administrative review of a discharged public employee was unconstitutional on its face because it did not provide an opportunity for the employee to respond to the charges against him prior to being discharged. The suit also alleged the Ohio statute was unconstitutional as applied because he was not given a prompt appeal hearing by the Civil Service …show more content…

Donnelly also challenged his termination in the District Court for the Northern District of Ohio. The District Court dismissed both suits for failing to state claims on which relief could be granted. Loudermill and Donnelly both appealed. On a consolidated appeal, the United States Court of Appeals for the Sixth Circuit reversed in part and remanded. (721 F2d 550) The court held that Loudermill and Donnelly had been deprived of due process and that their compelling private interest in retaining employment, combined with the value of presenting evidence prior to dismissal, outweighed the added administrative burden of a pretermination hearing. The court affirmed the district court’s decision finding no constitutional violation regarding Loudermill's nine month wait for an administrative decision from the civil service

Get Access