stating that “the Due Process Clause provides that certain substantive rights — life, liberty, and property — cannot be deprived except pursuant to constitutionally adequate procedures. The categories of substance and procedure are distinct. Were the rule otherwise, the Clause would be reduced to a mere tautology. ‘Property’ cannot be defined by the procedures provided for its deprivation any more than can life or liberty.”
How later courts described this case
- stating that “the Due Process Clause provides that certain substantive rights — life, liberty, and property — cannot be deprived except pursuant to constitutionally adequate procedures. The categories of substance and procedure are distinct. Were the rule otherwise, the Clause would be reduced to a mere tautology. ‘Property’ cannot be defined by the procedures provided for its deprivation any more than can life or liberty.”
- holding that an Ohio statute that entitled civil service employees to retain their positions unless there was cause for dismissal and set forth certain disciplinary procedures including an opportunity to respond “plainly creates” a property interest, and thus the plaintiff's allegation that he was deprived of a statutorily required chance to respond adequately stated a Fourteenth Amendment due process claim
- holding that a public employee threatened with termination is entitled to a very limited pre-termination hearing as "an initial check against mistaken decisions,” and that a hearing that includes oral or written notice of the charges, an explanation of the employer’s evidence, and an opportunity for the employee to tell his side of the story satisfies due process
- finding that the predecisional opportunity for an employee to respond “need not definitively resolve the propriety of the [action]” but rather “should be an initial check against mistaken decisions—essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action”
Written by the judges who cited it.
Distinguished
Distinguished by Middleton v. City of Natchitoches, 954 So. 2d 356 (2007)
The City reiterates "[its] failure . . . to certify Ms. Middleton for the position of `supervisory' [sic] was neither a `dismissal' nor a `disciplinary action' and, therefore, Loudermill is inapplicable.
Distinguished by a later decision, 141 F.3d 224 (1998)
For this reason, the cases that the majority cites, see, e.g., Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542-48, 105 S.Ct. 1487, 1493-97, 84 L.Ed.2d 494 (1985), are inapposite, for they deal with what constitutes a procedural due process violation in the first instance and do not implicate the analytically distinct doctrine of a cure for such a violation once it has occurred.
Distinguished by Campbell v. State Personnel Board, 57 Cal. App. 4th 281 (1997)
Loudermill, supra, 470 U.S. 532, is inapposite.
Distinguished by McKane v. City of Lansing, 938 F. Supp. 462 (1996)
The issue in Louder-mill was not the issue before this Court and the facts of Loudermill are distinguishable.
The opinion
Justice Brennan,
concurring in part and dissenting in part.
Today the Court puts to rest any remaining debate over whether public employers must provide meaningful notice and hearing procedures before discharging an employee for *552 cause. As the Court convincingly demonstrates, the employee’s right to fair notice and an opportunity to “present his side of the story” before discharge is not a matter of legislative grace, but of “constitutional guarantee.” Ante, at 541, 546. This principle, reaffirmed by the Court today, has been clearly discernible in our “repeated pronouncements” for many years. See Davis v. Scherer, 468 U. S. 183, 203 (1984) (Brennan, J., concurring in part and dissenting in part). Accordingly, I concur in Parts I-IV of the Court’s opinion.
I -write separately to comment on two issues the Court does not resolve today, and to explain my dissent from the result in Part V of the Court’s opinion.
I — I
First, the Court today does not prescribe the precise form of required pretermination procedures in cases where an employee disputes the facts proffered to support his discharge. The cases at hand involve, as the Court recognizes, employees who did not dispute the facts but had “plausible arguments to make that might have prevented their discharge.” Ante, at 544. In such cases, notice and an “opportunity to present reasons,” ante, at 546, are sufficient to protect the important interests at stake.
As the Court also correctly notes, other cases “will often involve factual disputes,” ante, at 543, such as allegedly erroneous records or false accusations. As Justice Marshall has previously noted and stresses again today, ante, at 548, where there exist not just plausible arguments to be made, but also “substantial disputes in testimonial evidence,” due process may well require more than a simple opportunity to argue or deny. Arnett v. Kennedy, 416 U. S. 134, 214 (1974) (Marshall, J., dissenting). The Court acknowledges that what the Constitution requires prior to discharge, in general terms, is pretermination procedures sufficient to provide “an initial check against mistaken decisions — essentially, a determination of whether there are reasonable grounds to believe *553 that the charges against the employee are true and support the proposed action.” Ante, at 545-546 (emphasis added). When factual disputes are involved, therefore, an employee may deserve a fair opportunity before discharge to produce contrary records or testimony, or even to confront an accuser in front of the decisionmaker. Such an opportunity might not necessitate “elaborate” procedures, see ante, at 545, but the fact remains that in some cases only such an oppportunity to challenge the source or produce contrary evidence will suffice to support a finding that there are “reasonable grounds” to believe accusations are “true.”
Factual disputes are not involved in these cases, however, and the “very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation.” Cafeteria Workers v. McElroy, 367 U. S. 886, 895 (1961). I do not understand Part IV to foreclose the views expressed above or by Justice Marshall, ante, p. 548, with respect to discharges based on disputed evidence or testimony. I therefore join Parts I-IV of the Court’s opinion.
II
The second issue not resolved today is that of administrative delay. In holding that Loudermill’s administrative proceedings did not take too long, the Court plainly does not state a flat rule that 9-month delays in deciding discharge appeals will pass constitutional scrutiny as a matter of course. To the contrary, the Court notes that a full post-termination hearing and decision must be provided at “a meaningful time” and that “[a]t some point, a delay in the post-termination hearing would become a constitutional violation.” Ante, at 547. For example, in Barry v. Barchi, 443 U. S. 55 (1979), we disapproved as “constitutionally infirm” the shorter administrative delays that resulted under a statute that required “prompt” postsuspension hearings for suspended racehorse trainers with decision to follow within 30 days of the hearing. Id., at 61, 66 . As Justice Marshall demonstrates, when an employee’s wages are terminated pending *554 administrative decision, “hardship inevitably increases as the days go by.” Ante, at 551; see also Arnett v. Kennedy, supra, at 194 (White, J., concurring in part and dissenting in part) (“The impact on the employee of being without a job pending a full hearing is likely to be considerable because ‘[m]ore than 75 percent of actions contested within employing agencies require longer to decide than the 60 days required by . . . regulations’”) (citation omitted). In such cases the Constitution itself draws a line, as the Court declares, “at some point” beyond which the State may not continue a deprivation absent decision. 1 The holding in Part V is merely that, in this particular case, Loudermill failed to allege facts sufficient to state a cause of action, and not that nine months can never exceed constitutional limits.
I-H ) — I HH
Recognizing the limited scope of the holding in Part V, I must still dissent from its result, because the record in this case is insufficiently developed to permit an informed judgment on the issue of overlong delay. Loudermill’s complaint was dismissed without answer from the respondent Cleveland Civil Service Commission. Allegations at this early stage are to be liberally construed, and “[i]t is axiomatic that a complaint should not be dimissed unless 'it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” McLain v. Real Estate Bd. of New Orleans, Inc., 444 U. S. 232, 246 (1980) (citation omitted). Loudermill alleged that it took the Commission over two and one-half months simply to hold *555 a hearing in his case, over two months more to issue a nonbinding interim decision, and more than three and one-half months after that to deliver a final decision. Complaint ¶¶20, 21, App. 10. 2 The Commission provided no explanation for these significant gaps in the administrative process; we do not know if they were due to an overabundance of appeals, Loudermill’s own foot-dragging, bad faith on the part of the Commission, or any other of a variety of reasons that might affect our analysis. We do know, however, that under Ohio law the Commission is obligated to hear appeals like Loudermill’s “within thirty days.” Ohio Rev. Code Ann. § 124.34 (1984). 3 Although this statutory limit has been *556 viewed only as “directory” by Ohio courts, those courts have also made it clear that when the limit is exceeded, “[t]he burden of proof [is] placed on the [Commission] to illustrate to the court that the failure to comply with the 30-day requirement . . . was reasonable.” In re Bronkar, 53 Ohio Misc. 13 , 17, 372 N. E. 2d 1345 , 1347 (Com. PI. 1977). I cannot conclude on this record that Loudermill could prove “no set of facts” that might have entitled him to relief after nine months of waiting.
*557 The Court previously has recognized that constitutional restraints on the timing, no less than the form, of a hearing and decision “will depend on appropriate accommodation of the competing interests involved.” Goss v. Lopez, 419 U. S. 565, 579 (1975). The relevant interests have generally been recognized as threefold: “the importance of the private interest and the length or finality of the deprivation, the likelihood of governmental error, and the magnitude of the governmental interests involved.” Logan v. Zimmerman Brush Co., 455 U. S. 422, 434 (1982) (citations omitted); accord, Mathews v. Eldridge, 424 U. S. 319, 334-335 (1976); cf. United States v. $8,850, 461 U. S. 555, 564 (1983) (four-factor test for evaluating constitutionality of delay between time of property seizure and initiation of forfeiture action). “Little can be said on when a delay becomes presumptively improper, for the determination necessarily depends on the facts of the particular case.” Id., at 565 .
Thus the constitutional analysis of delay requires some development of the relevant factual context when a plaintiff alleges, as Loudermill has, that the administrative process has taken longer than some minimal amount of time. Indeed, all of our precedents that have considered administrative delays under the Due Process Clause, either explicitly or sub silentio, have been decided only after more complete proceedings in the District Courts. See, e. g., $8,850, supra; Barry v. Barchi, 443 U. S. 55 (1979); Arnett v. Kennedy, 416 U. S. 134 (1974); Mathews v. Eldridge, supra. 4 Yet in Part V, the Court summarily holds Loudermill’s allegations *558 insufficient, without adverting to any considered balancing of interests. Disposal of Loudermill’s complaint without examining the competing interests involved marks an unexplained departure from the careful multifaceted analysis of the facts we consistently have employed in the past.
I previously have stated my view that
“[t]o be meaningful, an opportunity for a full hearing and determination must be afforded at least at a time when the potentially irreparable and substantial harm caused by a suspension can still be avoided — i. e., either before or immediately after suspension.” Barry v. Barchi, supra, at 74 (Brennan, J., concurring in part).
Loudermill’s allegations of months-long administrative delay, taken together with the facially divergent results regarding length of administrative delay found in Barchi as compared to Arnett , see n. 4, supra, are sufficient in my mind to require further factual development. In no other way can the third Mathews factor — “the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement [in this case, a speedier hearing and decision] would entail,” 424 U. S., at 335 — sensibly be evaluated in this case. 5 I therefore would remand the delay issue to the District Court for further evidentiary proceedings consistent with the Mathews approach. I respectfully dissent from the Court’s contrary decision in Part V.
Post-termination administrative procedures designed to determine fully and accurately the correctness of discharge actions are to be encouraged. Multiple layers of administrative procedure, however, may not be created merely to smother a discharged employee with “thoroughness,” effectively destroying his constitutionally protected interests by over-extension. Cf. ante, at 547 (“thoroughness” of procedures partially explains delay in this case).
The interim decision, issued by a hearing examiner, was in Louder-mill’s favor and recommended his reinstatement. But Loudermill was not reinstated nor were his wages even temporarily restored; in fact, there apparently exists no provision for such interim relief or restoration of back-pay under Ohio’s statutory scheme. See ante, at 537, n. 1; cf. Arnett v. Kennedy, 416 U. S. 134, 196 (1974) (White, J., concurring in part and dissenting in part) (under federal civil service law, discharged employee’s wages are only “provisionally cut off” pending appeal); id., at 146 (opinion of Rehnquist, J.) (under federal system, backpay is automatically refunded “if the [discharged] employee is reinstated on appeal”). See also N. Y. Civ. Serv. Law §75(3) (McKinney 1983) (suspension without pay pending determination of removal charges may not exceed 30 days). Moreover, the final decision of the Commission to reverse the hearing examiner apparently was arrived at without any additional evidentiary development; only further argument was had before the Commission. 721 F. 2d 550, 553 (CA6 1983). These undisputed facts lead me at least to question the administrative value of, and justification for, the 9-month period it took to decide Loudermill’s ease.
A number of other States similarly have specified time limits for hearings and decisions on discharge appeals taken by tenured public employees, indicating legislative consensus that a month or two normally is sufficient time to resolve such actions. No state statutes permit administrative delays of the length alleged by Loudermill. See, e. g., Ariz. Rev. Stat. Ann. § 41-785 (A), (C) (Supp. 1984-1985) (hearing within 30 days, decision within 30 days of hearing); Colo. Rev. Stat. § 24-50-125 (4) (Supp. 1984) (hearing within 45 days, decision within 45 days of hearing); Conn. Gen. Stat. Ann. § 5 ~202(b) (Supp. 1984) (decision within 60 days of hearing); *556 Ill. Rev. Stat., ch. 2472, ¶ 38b14 (1983) (hearing within 45 days); Ind. Code § 4-15-2-35 (1982) (decision within 30 days of hearing); Iowa Code § 19A.14 (1983) (hearing within 30 days); Kan. Stat. Ann. § 75-2949 (f) (Supp. 1983) (hearing within 45 days); Ky. Rev. Stat. § 18A. 095(3) (1984) (hearing within 60 days of filing, decision within 90 days of filing); Maine Rev. Stat. Ann., Tit. 5, § 753(5) (1979) (decision within 30 days of hearing); Md. Ann. Code, Art. 64A, §§ 33(b)(2), (e) (Supp. 1984) (salary suspension hearing within 5 days and decision within 5 more days; discharge hearing within 90 days and decision within 45 days of hearing); Mass. Gen. Laws Ann., ch. 31, §43 (Supp. 1984-1985) (hearing within 10 days, findings “forthwith,” decision within 30 days of findings); Minn. Stat. §44.08 (1970) (hearing within 10 days, decision within 3 days of hearing); Nev. Rev. Stat. § 284.390 (2) (1983) (hearing within 20 days); N. J. Stat. Ann. §§ 11:15-4,11:15-6 (West 1976) (hearing within 30 days, decision within 15 days of hearing); Okla. Stat., Tit. 74, §§841.13, 841.13A (Supp. 1984) (hearing within 35 days, decision within 15 days of hearing); R. I. Gen. Laws §§ 36-4-40,36-4-40.2,36-4-41 (1984) (initial hearing within 14 days, interim decision within 20 days of hearing, appeal decision within 30 more days, final decision of Governor within 15 more days); S. C. Code §§ 8-17-330, 8-17-340 (Supp. 1984) (interim decision within 45 days of filing, final decision within 20 days of hearing); Utah Code Ann. § 67-19-25 (Supp. 1983) (interim decision within 5-20 days, final hearing within 30 days of filing final appeal, final decision within 40 days of hearing); Wash. Rev. Code §41.64.100 (1983) (final decision within 90 days of filing); Wis. Stat. §230.44 (4)(f) (Supp. 1984-1985) (decision within 90 days of hearing); see also Ala. Code § 36-26-27 (b) (Supp. 1984) (hearings on citizen removal petitions within 20 days of service); D. C. Code § l-617.3(a)(l)(D) (1981) (“Career and Educational Services” employees “entitled” to decision within 45 days); Ga. Code Ann. § 45-20-9 (e)(l) (1982) (hearing officer’s decision required within 30 days of hearing); Miss. Code Ann. § 21-31-23 (Supp. 1984) (hearing required within 20 days of termination for “extraordinary circumstances”).
After giving careful consideration to well-developed factual contexts, the Court has reached results that might be viewed as inconsistent in the abstract. Compare Barchi, 443 U. S., at 66 (disapproving statute requiring decision within 30 days of hearing), with Arnett, 416 U. S., at 194 (White, J., concurring in part and dissenting in part) (approving statutory scheme under which over 50 percent of discharge appeals “take more than three months”). Rather than inconsistency, however, these differing results demonstrate the impossibility of drawing firm lines and the importance of factual development in such cases.
In light of the complete absence of record evidence, it is perhaps unsurprising that the Court of Appeals below was forced to speculate that “[t]he delays in the instant cases in all likelihood were inadvertent.” 721 F. 2d, at 564, n. 19 . Similarly, the Cleveland Board of Education and Civil Service Commission assert only that “[n]o authority is necessary to support the proposition” that administrative resolution of a case like Loudermill’s in less than nine months is “almost impossible.” Brief for Respondents in No. 83-6392, p. 8, n. 4. To the contrary, however, I believe our precedents clearly require demonstration of some “authority” in these circumstances.