Cleveland Board of Education v. Loudermill et al. (470 U.S. 532)

U.S. Supreme Court · decided March 19, 1985 · Supreme Court Database (Spaeth)

Citation
470 U.S. 532 · 105 S. Ct. 1487
Decided
March 19, 1985
Term
October Term 1984
Vote
8–1
Majority author
Justice White
Issue area
Due Process
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice White delivered the opinion of the Court. In these cases we consider what pretermination process must be accorded a public employee who can be discharged only for cause. I In 1979 the Cleveland Board of Education, petitioner in No. 83-1362, hired respondent James Loudermill as a security guard. On his job application, Loudermill stated that he had never been convicted of a felony. Eleven months later, as part of a routine examination of his employment records, the Board discovered that in fact Loudermill had been convicted of grand larceny in 1968. By letter dated November 3, 1980, the Board’s Business Manager informed Loudermill that he had been dismissed because of his dishonesty in filling out the employment application. Loudermill was not afforded an opportunity to respond to the charge of dishonesty or to challenge his dismissal. On November 13, the Board adopted a resolution officially approving the discharge. Under Ohio law, Loudermill was a “classified civil servant.” Ohio Rev. Code Ann. §124.11 (1984). Such employees can be terminated only for cause, and may obtain administrative review if discharged. § 124.34. Pursuant to this provision, Loudermill filed an appeal with the Cleveland Civil Service Commission on November 12. The Commission appointed a referee, who held a hearing on January 29, 1981. Loudermill argued that he had thought that his 1968 larceny…

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