· 12/27/1994
Douglas Miller v. County of Santa Cruz
Citations
- 39 F.3d 1030
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that preclusive effect should only be given to issues which agency resolved and which were properly before it
- holding that an unreviewed commission decision upholding employee’s termination barred subsequent federal constitutional claims, but implying that an employee who has had his termination overturned could file a subsequent lawsuit for damages arising therefrom
- holding the relevant inquiry is “whether the administrative hearing met the requirements of California law such that a California court would have accorded the determination preclusive effect”
- stating that where agency adjudication meets the requirements of Due Process, and de novo judicial review is available, “concerns of comity and finality counsel against denying preclusive effect”
- stating that preclusive effect may be given to an administrative decision where “the agency adjudication meets the requirements of due process, and de novo judicial review is available”
- stating that preclusive effect may be given to an administrative decision where “the agency adjudication meets the requirements of due process, and de novo judicial review is available”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Beezer, Letts
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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