· 5/1/1991
Larry Wheaton v. Freddye Webb-Petett, Administrator, Adult and Family Services Division of the State of Oregon
Citations
- 931 F.2d 613
- 91 Daily Journal DAR 4987
- 91 Cal. Daily Op. Serv. 3135
- 1991 U.S. App. LEXIS 7867
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that state employee had a constitutionally protected property interest in not being demoted where statute protects against dismissal except for cause
- holding that “charges of 2 incompetence or inability to get along with others do not” implicate a liberty interest
- plaintiffs remarks were unsupportive of his superiors and a new program he was charged with implementing
- “Typically, permanent and classified employees have been held to have property interests, while probationary and nonclassified employees have not.” (citation omitted)
- Oregon law creates property interest by stating that employee would be removed only if he was “unable or unwilling to fully and faithfully perform the duties of the position satisfactorily”
- some type of hearing required before employee is deprived of constitutionally-protected property interest
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Farris, Wright
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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