Hagans v. City of Norfolk

The City of Norfolk is entitled to summary judgment as to a plaintiff’s claim that he had a due process right to continued employment. He had worked as a child counselor at a juvenile detention center and was terminated after an administrative finding of child abuse.

No lack of notice or opportunity prevented the plaintiff from impeaching the witnesses who testified at his grievance hearing or from procuring more favorable testimony. Instead, several witnesses testified at the hearing and were subject to cross-examination. The plaintiff had a full and equal opportunity to present his evidence. His failure to persuade the grievance panel does not violate the Due Process Clause.

Moreover, the grievance panel’s consideration of hearsay evidence also didn’t violate the plaintiff’s due process rights because he had multiple avenues to tell his side of the story. Procedural due process is also not violated by deviation from city or state grievance procedures. The plaintiff has failed to raise a genuine issue of material fact regarding the constitutionality of the process he was provided.

Motion for summary judgment granted.

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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