Seventh Circuit· 4/27/1990

Gary D. Swank v. James Smart

Citations

898 F.2d 1247

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that ex parte presentation of evidence during an employee’s discharge hearing denied the employee due process
whether adequate procedures would have changed the outcome is relevant to damages, not liability
“Only if there is no provision for a post-termination hearing must the pre-termination hearing provide all the procedural safe- guards to which due process entitles a tenured public employee.”
restriction on non-fundamental liberty “violates the due process clause only if utterly unreasonable”
“If Swank was fired on a ground likely to exclude him ...“his damages will be greater if he can show that as a result of being fired for conduct unbecoming a police officer he has been excluded from his chosen occupatidn;” “the effect will be to exclude him from police work....”
\If Swank was fired on a ground likely to exclude him ...;\ \his damages will be greater if he can show that as a result of being fired for conduct unbecoming a police officer he has been excluded from his chosen occupation;\ \the effect will be to exclude him from police work....\

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Posner, Manion

Read full opinion on CourtListener

Cited by

105 cases in this archive cite this case; the 20 most cited are listed.

Cites

59 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.