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· 3/3/2006

Susan Fisler Silberstein v. City of Dayton

Citations

  • 440 F.3d 306
  • 24 I.E.R. Cas. (BNA) 153
  • 2006 U.S. App. LEXIS 5372
  • 87 Empl. Prac. Dec. (CCH) 42,384
  • 2006 WL 508074

How courts have described this case

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

  • recognizing that the federal Constitution, not state law, defines the process required to protect a property interest
  • contrasting a deprivation that occurs by an established state procedure with a random and unauthorized deprivation
  • contrasting a deprivation that occurs by an established state procedure with a random and unauthorized deprivation
  • noting that the plaintiff bears the burden of overcoming a qualified-immunity defense
  • finding the plaintiff’s right to procedural due process violated in part because the Parratt doctrine did not apply and, without reference to Parratt, finding the right clearly established
  • examining whether an employee’s classified status was sufficiently clear that a reasonable official would have known that he was entitled to a pre-termination hearing

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Cole, Gilman

Read full opinion on CourtListener

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.