Fields v. Durham, 909 F.2d 94 (4th Cir. 1990). · Go Syfert
Fields v. Durham, 909 F.2d 94 (4th Cir. 1990). Cases Citing This Book View Copy Cite
132 citation events (104 in the last 25 years) across 20 distinct courts.
Strongest positive: Gladhill v. Washington County Board of Education (mdd, 2024-03-22)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Gladhill v. Washington County Board of Education (3×) also: Cited as authority (rule)
D. Maryland · 2024 · quote attribution · 1 verbatim quote · confidence high
o determine whether a procedural due process violation has occurred, courts must consult the entire panoply of predeprivation and postdeprivation process provided by the state.
discussed Cited as authority (verbatim quote) Vivian Casper v. Texas Woman's University, Abigail Tilton, Shannon Scott, Genevieve West, Symone Osieko, Carine Feyten, Carolyn Kapinus, and Katherine Antwi Green
Tex. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
he constitutionally protected interest in employment does not extend to the right to possess and retain a particular job or to perform particular services.
discussed Cited as authority (verbatim quote) Trump Tight, LLC v. Bell (2×) also: Cited "see, e.g."
E.D. Va. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
in some situations ... the state cannot foresee, and thus cannot avert through implementation of prescriptive procedures, the deprivation in issue.
examined Cited as authority (verbatim quote) Burch v. NC Department of Public Safety (5×) also: Cited as authority (rule), Cited "see"
E.D.N.C. · 2016 · quote attribution · 1 verbatim quote · confidence high
predeprivation procedures are the initial check against mistaken decisions, but they need not definitely resolve the propriety of the discharge.
examined Cited as authority (verbatim quote) Bogart v. Chapell (4×) also: Cited as authority (rule)
4th Cir. · 2005 · quote attribution · 2 verbatim quotes · confidence high
we believe that th risk was foreseeable, and that acted to address it by prescribing predeprivation procedures to ensure that .
examined Cited as authority (verbatim quote) Bogart v. County of York (8×) also: Cited as authority (rule)
4th Cir. · 2005 · quote attribution · 5 verbatim quotes · confidence high
we believe that th risk was foreseeable, and that acted to address it by prescribing predeprivation procedures to ensure that .
discussed Cited as authority (quoted) Smith v. State of Maryland
D. Maryland · 2019 · quote attribution · 1 verbatim quote · confidence low
o determine whether a procedural due process violation has occurred, courts must consult the entire panoply of predeprivation postdeprivation process provided by the state.
discussed Cited as authority (rule) Patsy Talley v. Dale Folwell
4th Cir. · 2025 · confidence medium
Paving, Inc., v. Ashe Cnty., 281 F.3d 430, 436 (4th Cir. 2002) (quoting Fields v. Durham, 909 F.2d 94, 97 (4th Cir. 1990)) (stating that “courts must consult the entire panoply of predeprivation and postdeprivation process provided by the state” to “determine whether a procedural due process violation has occurred”).
discussed Cited as authority (rule) Michael Fernandez, D.D.S., Ltd. v. Commissioner of Highways (2×)
E.D. Va. · 2023 · confidence medium
Paving, Inc. v. Ashe Cnty., 281 F.3d 430, 436 (4th Cir. 2002) (quoting Fields v. Durham, 909 F.2d 94, 97 (4th Cir. 1990)).
discussed Cited as authority (rule) Mendes v. Wendling
W.D. Va. · 2020 · confidence medium
Va. Jan. 21, 2014) (stating that a public employee’s property interest is “generally in continued employment, and no deprivation exists so long as the employee receives payment of the full compensation due under the contract”) (citing Fields v. Durham, 909 F.2d 94, 98 (4th Cir. 1990)); Coates v. Hall, 512 F. Supp. 2d 770, 778 (W.D.
cited Cited as authority (rule) MITCHELL v. WINSTON SALEM STATE UNIVERSITY
M.D.N.C. · 2020 · confidence medium
To do so, “courts must consult the entire panoply of predeprivation and postdeprivation process provided by the state.” Fields v. Durham, 909 F.2d 94, 97 (4th Cir. 1990).
discussed Cited as authority (rule) DOE v. THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA
M.D.N.C. · 2019 · confidence medium
In evaluating a plaintiffs procedural due process claim, a coutt “must consult the entire panoply of predeprivation and post deprivation process provided by the state.” Fields v. Durham, 909 F.2d 94, 97 (4th Cir. 1990) (citing Zinermon v. Burch, 494 U.S. 113, 126 (1990)). “[T]o state a claim for failure to provide [procedural] due prtocess, a plaintiff must have taken advantage of the processes that ate available to him” unless those processes ate “patently inadequate.” Manion vy.
discussed Cited as authority (rule) Davison v. Loudoun County Board of Supervisors
E.D. Va. · 2017 · confidence medium
Safety, 158 F.Supp.3d 449, 459 (E.D.N.C. 2016), Fields v. Durham, 909 F.2d 94, 99 (4th Cir. 1990), and Plaintiffs opportunity to directly petition Defendant to restore his access to the “Chair Phyllis J.
discussed Cited as authority (rule) Coleman v. Napolitano
D.D.C. · 2014 · confidence medium
See id. at 32-33 (“federal courts have uniformly concluded that a change in a public employee’s duties (or, similarly, a lateral transfer) unaccompanied by a reduction in salary is not a sufficient deprivation to trigger due process obligations”) (collecting cases) (alteration in original); see, e.g., Anglemyer, 58 F.3d at 539 (10th Cir.1995) (“[T]he overwhelming weight of authority holds that no protected property interest is implicated when an employer reassigns or transfers an employee absent a specific statutory provision or contract term to the contrary.”); Ferraro v. City of Lo…
discussed Cited as authority (rule) Snider International Corp. v. Town of Forest Heights
D. Maryland · 2012 · confidence medium
Because a procedural due process violation is not complete “unless and until the State fails to provide Due Process,” see Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990), Shavitz concluded that a plaintiff who never affords the state an opportunity to provide due process cannot suffer a due process violation and that such a plaintiff therefore has not suffered an “injury in fact” capable of conferring standing to challenge the process that would have been available to him.
discussed Cited as authority (rule) Phillips v. City of Methuen
D. Mass. · 2011 · confidence medium
Pedicini v. U.S., 480 F.Supp.2d 438, 461 (D.Mass., 2007) (citing Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990); Huang v. Bd. of Governors, 902 F.2d 1134 , 1141-42 (4th Cir.1990); Torres-Rosado v. Rotger-Sabat, 335 F.3d 1, 9 (1st Cir.2003)). 80 .
discussed Cited as authority (rule) Hibbitts v. Buchanan County School Board
4th Cir. · 2011 · confidence medium
However, although Virginia state law provides certain procedural safeguards, the Fourteenth Amendment’s due process right to property does not guarantee a right to a particular job, or the right to “perform particular services.” Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990).
discussed Cited as authority (rule) Hibbitts v. Buchanan County School Board
W.D. Va. · 2010 · confidence medium
Although this property interest is protected by the Constitution, the right does not “extend to the right to possess and retain a particular job or to perform particular services.” Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990).
discussed Cited as authority (rule) Sevin v. Parish of Jefferson
E.D. La. · 2008 · confidence medium
Citing a Fourth Circuit case that did not discuss standing, the district court found that a due process violation under § 1983 “is not complete unless and until the State fails to provide due process.” Id. at 710 (quoting Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990)).
discussed Cited as authority (rule) Bennett v. Monette
E.D.N.C. · 2007 · confidence medium
See Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); Parratt v. Taylor, 451 U.S. 527, 543-44 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981), overruled in part on other grounds by Daniels v. Williams, 474 U.S. 327, 330-31 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986); Bogart v. Chapell, 396 F.3d 548, 555-63 (4th Cir.2005); Fields v. Durham, 909 F.2d 94, 98-99 (4th Cir.1990); Coastland Corp., 734 F.2d at 178 .
discussed Cited as authority (rule) Ashley v. National Labor Relations Board
M.D.N.C. · 2006 · confidence medium
Analysis under the “Entire Panoply” Test In order to “determine whether a procedural due process violation has occurred, courts must consult the entire panoply of predeprivation and postdeprivation process provided by the [NLRB].” 2 Fields v. Durham, 909 F.2d 94, 97 (4th Cir.1990) (citation omitted).
discussed Cited as authority (rule) Sunrise Corporation Of Myrtle Beach v. The City Of Myrtle Beach
4th Cir. · 2005 · confidence medium
Tri County Paving, Inc. v. Ashe County, 281 F.3d 430, 437 (4th Cir.2002)(a "due process violation actionable under § 1983 is not complete when the deprivation occurs; it is only complete if and when the State fails to provide due process")(quoting Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990)).
discussed Cited as authority (rule) Sunrise Corp. of Myrtle Beach v. City of Myrtle Beach
4th Cir. · 2005 · confidence medium
Tri County Paving, Inc. v. Ashe County, 281 F.3d 430, 437 (4th Cir.2002)(a “due process violation actionable under § 1983 is not complete when the deprivation occurs; it is only complete if and when the State fails to provide due process”)(quoting Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990)).
discussed Cited as authority (rule) Winbush v. Winston-Salem State University
N.C. Ct. App. · 2004 · confidence medium
That interest “does not extend to the right to possess or retain a particular job or to perform particular services.” Fields v. Durham, 909 F.2d 94, 98 (4th Cir. 1990), cert. denied, 498 U.S. 1068 , 112 L.
discussed Cited as authority (rule) Shavitz v. City of High Point
M.D.N.C. · 2003 · confidence medium
The Fourth Circuit has echoed the words of the Supreme Court in mandating that “ ‘[t]he [federal procedural due process] violation actionable under § 1983 is not complete when the deprivation occurs; it is not complete unless and until the State fails to provide due process.’” Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990) (quoting Zinermon v. Burch, 494 U.S. 113, 126 , 110 S.Ct. 975, 983 , 108 L.Ed.2d 100 (1990)) (alterations by Fields court).
discussed Cited as authority (rule) Parkman v. University of South Carolina
4th Cir. · 2002 · confidence medium
Moreover, in a case subsequent to Huang , we characterized our holding in Huang as follows: “The constitutionally protected property interest in employment does not extend to the right to possess and retain a particular job or to perform particular services.” Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990); contra Winegar v. Des Moines Indep.
discussed Cited as authority (rule) Tri-County Paving, Incorporated v. Ashe County Ashe County Board of Commissioners
4th Cir. · 2002 · confidence medium
However, “to determine whether a procedural due process violation has occurred, courts must consult the entire panoply of predeprivation and postdeprivation process provided by the state.” Fields v. Durham, 909 F.2d 94, 97 (4th Cir.1990) (citing Zinermon v. Burch, 494 U.S. 113, 126 , 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990)).
discussed Cited as authority (rule) Richards v. City of Weatherford
N.D. Tex. · 2001 · confidence medium
See, e.g., Edwards v. California Univ. of Pa., 156 F.3d 488 , 492 (3d Cir.1998), cert. denied, 525 U.S. 1143 , 119 S.Ct. 1036 , 143 L.Ed.2d 44 (1999) (neither suspension with pay nor resultant stigma to reputation unconstitutionally deprived plaintiff of property interest); Fields v. Durham, 909 F.2d 94, 98 (4th Cir. 1990) ("the constitutionally protected interest in employment does not extend to the right to possess and retain a particular job or to perform particular services”); Royster v. Board of Trustees of Anderson County Sch.
cited Cited as authority (rule) Mansoor v. County of Albemarle
W.D. Va. · 2000 · confidence medium
The Fourth Circuit has expressed its “reluctan[ce] to recognize multiple property interests within the same employment relationship.” Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990).
discussed Cited as authority (rule) Pratt v. Ottum
Me. · 2000 · confidence medium
See Annapolis v. Rowe, 123 Md.App. 267 , 717 A.2d 976, 987 (1998) (citing Royster v. Bd. of Trustees, 774 F.2d 618 , 621 (4th Cir.1985), cert. denied, 475 U.S. 1121 , 106 S.Ct. 1638 , 90 L.Ed.2d 184 (1986) (holding that any constitutionally protected property interest employee had as a result of his employment contract has been satisfied by payment of full compensation — including salary and benefits — due under the contract)); Huang v. Bd. of Governors, 902 F.2d 1134 , 1141-42 (4th Cir.1990) (holding that constitutionally protected property interest in employment does not extend to right …
discussed Cited as authority (rule) City of Annapolis v. Rowe
Md. Ct. Spec. App. · 1998 · confidence medium
Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990) (emphasis added), cert. denied, 498 U.S. 1068 , 111 S.Ct. 786 , 112 L.Ed.2d 849 (1991); see also Durham v. Fields, 87 Md.App. 1, 19 , 588 A.2d 352 (“[W]e agree with the conclusions of the Fourth Circuit Court of Appeals [Fields v. Durham, supra,] and therefore hold that, upon consideration of both the pre- and post-deprivation procedures and remedies afforded to Dr. Fields, there was no Constitutional deprivation under articles *291 19 or 24 of the Declaration of Rights.”), cert. denied, 323 Md. 308 , 593 A.2d 668 (1991); Harris v. Board of …
discussed Cited as authority (rule) Mudge v. MacOmb County
Mich. · 1998 · confidence medium
Moreover, little guidance may be gleaned from the Court's denials of certiorari in Easter House III and Caine II considering the Court's apparently inconsistent remand and subsequent denial in Fields v. Durham, 909 F.2d 94, 97 (C.A.4, 1990) (discussed below). [20] The Zinermon Court stated: Burch's suit is neither an action challenging the facial adequacy of a State's statutory procedures, nor an action based only on state officials' random and unauthorized violation of state laws.... [Burch] seeks to hold state officials accountable for their abuse of their broadly delegated, uncircumscribed …
discussed Cited as authority (rule) Hutchins v. Carrillo
Va. Ct. App. · 1998 · confidence medium
POSSIBLE REMEDIES UNDER VIRGINIA LAW Next, we consider whether Virginia law provided father with an adequate postdeprivation remedy for the loss of his appeal caused by the unauthorized closing of the J & DR court clerk’s office. “[T]o determine whether a procedural *605 due process violation has occurred, courts must consult the entire panoply of ... postdeprivation process provided by the state.” Fields v. Durham, 909 F.2d 94, 97 (4th Cir.1990) (citing Zinermon, 494 U.S. at 126 , 110 S.Ct. at 983 ).
discussed Cited as authority (rule) Scruggs v. Keen (2×) also: Cited "see"
W.D. Va. · 1995 · confidence medium
Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990) (holding that no deprivation exists so long as employee receives payment of full compensation due under the employment contract), cert. denied, 498 U.S. 1068 , 111 S.Ct. 786 , 112 L.Ed.2d 849 (1991); Carter v. Western Reserve Psychiatric Habilitation Ctr., 767 F.2d 270, 272 (6th Cir.1985) (two- *826 day suspension with pay).
discussed Cited as authority (rule) Bockes v. Fields
W.D. Va. · 1992 · confidence medium
Under Zinermon , as we concluded recently, we must “first ask whether the risk of an erroneous deprivation was foreseeable, and next ‘whether predepri-vation safeguards would have any value in guarding against the kind of deprivation ... allegedly suffered.” Fields v. Durham, 909 F.2d 94, 97 (4th Cir.1990) (Fields II) (quoting Zinermon, 110 S.Ct. at 988 ).
discussed Cited as authority (rule) Robert N. Hayes, Jr. v. Poe Homes Housing Project Management, Baltimore City Housing Authority
4th Cir. · 1991 · confidence medium
In following the mandate of Zinermon, this Court has stated that it must first ask whether the risk of an erroneous deprivation was foreseeable, and next "whether predeprivation safeguards would have any value in guarding against the kind of deprivation ... allegedly suffered." Fields v. Durham, 909 F.2d 94, 97 (4th Cir.1990), cert. denied, 59 U.S.L.W. 3501 (U.S.1991), quoting Zinermon, 58 U.S.L.W. at 4229.
cited Cited as authority (rule) Durham v. Fields
Md. Ct. Spec. App. · 1991 · confidence medium
That process, it held, “more than satisfies the requirements of Loudermill.” Fields v. Durham, 909 F.2d 94, 98 (1990).
discussed Cited as authority (rule) Plumer v. Maryland
4th Cir. · 1990 · confidence medium
Under Zinermon , as we concluded recently, we must “first ask whether the risk of an erroneous deprivation was foreseeable, and next ‘whether predeprivation safeguards would have any value in guarding against the kind of deprivation ... allegedly suffered.” Fields v. Durham, 909 F.2d 94, 97 (4th Cir.1990) (Fields II) (quoting Zinermon, 110 S.Ct. at 988 ). 3 In the present case, the risk of an erroneous license deprivation clearly was foreseeable.
discussed Cited as authority (rule) Plumer v. Maryland
4th Cir. · 1990 · confidence medium
Under Zinermon, as we concluded recently, we must "first ask whether the risk of an erroneous deprivation was foreseeable, and next 'whether predeprivation safeguards would have any value in guarding against the kind of deprivation ... allegedly suffered." Fields v. Durham, 909 F.2d 94, 97 (4th Cir.1990) (Fields II) (quoting Zinermon, 110 S.Ct. at 988 ). 3 12 In the present case, the risk of an erroneous license deprivation clearly was foreseeable.
discussed Cited as authority (rule) New Burnham Prairie Homes, Incorporated v. Village Of Burnham
7th Cir. · 1990 · confidence medium
Easter House II, 910 F.2d at 1387; see also Zinermon, 110 S.Ct. at 984-85, 987 (postdeprivation process may be sufficient if deprivation is random and unpredictable); Fields v. Durham, 909 F.2d 94, 95-96 (4th Cir.1990) (same); Katz v. Klehammer, 902 F.2d 204 , 207 & n. 1 (2d Cir.1990) (postdeprivation process sufficient when public official fails to follow a rule or regulation). 25 The substantive due process claim also must fail.
discussed Cited as authority (rule) New Burnham Prairie Homes, Inc. v. Village of Burnham
7th Cir. · 1990 · confidence medium
Easter House II, 910 F.2d at 1387 ; see also Zinermon, 110 S.Ct. at 984-85, 987 (postdeprivation process may be sufficient if deprivation is random and unpredictable); Fields v. Durham, 909 F.2d 94, 95-96 (4th Cir.1990) (same); Katz v. Klehammer, 902 F.2d 204 , 207 & n. 1 (2d Cir.1990) (postdeprivation process sufficient when public official fails to follow a rule or regulation).
discussed Cited "see" Luann Delosreyes v. The School Board for Botetourt County Public Schools et al.
W.D. Va. · 2026 · signal: see · confidence high
See Fields v. Durham, 909 F.2d 94, 98 (4th Cir. 1990) (“[T]he constitutionally protected property interest in employment does not extend to the right to possess and retain a particular job or to perform particular services.
discussed Cited "see" Earley v. Marion
W.D. Va. · 2008 · signal: accord · confidence high
However, “any constitutionally protected property interest [an employee has] as a result of his employment contract [is] satisfied by payment of the full compensation due under the contract.” Huang v. Bd. of Governors, 902 F.2d 1134 , 1141 (4th Cir.1990); accord Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990).
discussed Cited "see" Pedicini v. United States
D. Mass. · 2007 · signal: see · confidence high
See Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990) ("[T]he constitutionally protected property interest in employment does not extend to the right to possess and retain a particular job or to perform particular services.”); Huang v. Bd. of Governors, 902 F.2d 1134 , 1141-42 (4th Cir.1990) (holding that any property interest in employment does not extend to right to possess and retain particular job or to perform particular services); Maples v. Martin 858 F.2d 1546, 1550 (11th Cir.1988) (finding no property interest where job transfers did not result in any diminution of salary or rank); Co…
cited Cited "see" Hanton v. Gilbert
M.D.N.C. · 1994 · signal: see · confidence high
See Fields v. Durham, 909 F.2d 94, 98-99 (4th Cir.1990), cert. denied, 498 U.S. 1068 , 111 S.Ct. 786 , 112 L.Ed.2d 849 (1991).
discussed Cited "see, e.g." Roncales v. McDowell
E.D. Va. · 2021 · signal: see, e.g. · confidence medium
See, e.g., Fields v. Durham, 909 F.2d 94, 97 (4th Cir. 1990) (noting that the Supreme Court has emphasized “that the Due Process Clause normally requires a hearing before the State deprives a person of liberty or property”); Johnson v, Morris, 903 F.2d 996, 999 (4th Cir. 1990) (accord).
discussed Cited "see, e.g." Roncales v. McDowell
E.D. Va. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Fields v. Durham, 909 F.2d 94, 97 (4th Cir. 1990) (noting that the Supreme Court has emphasized “that the Due Process Clause normally requires a hearing before the State deprives a person of liberty or property”); Johnson v. Morris, 903 F.2d 996, 999 (4th Cir. 1990) (accord).
discussed Cited "see, e.g." Thomas Cannon v. Village of Bald Head Island
4th Cir. · 2018 · signal: see also · confidence low
In Sciolino , this Court clearly established that "[a]n opportunity to clear your name after it has been ruined by dissemination of false, stigmatizing charges is not ' meaningful .' " Sciolino , 480 F.3d at 653 (emphases added); see also Fields v. Durham , 909 F.2d 94 , 97 (4th Cir. 1990) ("[T]he Due Process Clause normally requires a hearing ' before the State deprives a person of liberty or property.' " (quoting Zinermon v. Burch , 494 U.S. 113 , 127, 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990) ) ).
discussed Cited "see, e.g." Garner v. Steger
W.D. Va. · 2014 · signal: see also · confidence medium
The Court concluded, after “careful consideration[,] ... that [plaintiffs] contract afforded him only the right to be fully compensated, and not the right to occupy the office of superintendent.” Id. at 621; see also Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990) (explaining that the property interest in employment does not extend to the right to possess and retain a particular job or to perform particular services and relying on Royster to hold that no deprivation exists so long as the employee receives “payment of the full compensation due under the contract”) (quoting Royster, 774…
discussed Cited "see, e.g." Echtenkamp v. Loudon County Public Schools
E.D. Va. · 2003 · signal: see also · confidence medium
Thus, for example, “the transfer of tenured professors from one department to another, without loss or pay, does not implicate any property interest protected by the Due Process Clause.” Id.; see also Fields v. Durham, 909 F.2d 94, 98 (4th Cir.1990) (holding that “the constitutionally protected property interest does not extend to the right to possess and retain a particular job or to perform particular services” and that “no deprivation exists so long as the employee receives ‘payment of the full compensation due under the contract’ ”) (citation omitted).
Retrieving the full opinion text from the archive…
Ralph Rodney Fields
v.
Joseph T. Durham, Individually, and as President of Community College of Baltimore Community College of Baltimore Mayor and City Council of Baltimore City James S. Jeffers, Chairman of the Board of Trustees Community College of Baltimore the Board of Trustees Community College of Baltimore
88-1564.
Court of Appeals for the Fourth Circuit.
Aug 14, 1990.
909 F.2d 94

909 F.2d 94

62 Ed. Law Rep. 55

Ralph Rodney FIELDS, Plaintiff-Appellant,
v.
Joseph T. DURHAM, Individually, and as President of
Community College of Baltimore; Community College of
Baltimore; Mayor and City Council of Baltimore City; James
S. Jeffers, Chairman of the Board of Trustees Community
College of Baltimore; The Board of Trustees Community
College of Baltimore, Defendants-Appellees.

No. 88-1564.

United States Court of Appeals,
Fourth Circuit.

Submitted March 7, 1990.
Decided July 19, 1990.
Rehearing and Rehearing In Banc
Aug. 14, 1990.

Barry Lee Steelman and Nicholas D. Cowie, Barry L. Steelman, P.A., Baltimore, Md., for plaintiff-appellant.

Neal M. Janey and Burton H. Levin, Baltimore, Md., for defendants-appellees.

Before CHAPMAN, WILKINSON and WILKINS, Circuit Judges.

WILKINSON, Circuit Judge:

[*~94]1

This case comes to us on remand from the Supreme Court. --- U.S. ----, 110 S.Ct. 1313, 108 L.Ed.2d 489 (1990). It was brought by Ralph Fields, a dismissed community college dean, against several college and local officials whom Fields alleges discharged him without due process. We originally upheld the district court's summary judgment dismissal of the case on the basis of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), and Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984), reasoning that because the officials' alleged failure to follow state procedures in connection with Fields' termination was "random and unauthorized," due process was satisfied by the meaningful postdeprivation remedies available under state law. Fields v. Durham, 856 F.2d 655 (4th Cir.1988) (Fields I ).

2

On March 5, 1990, the Supreme Court granted certiorari in Fields I, vacated the judgment, and remanded the case for further consideration in light of its decision in Zinermon v. Burch, --- U.S. ----, 110 S.Ct. 975, 108 L.Ed.2d 100 (1990). After reviewing supplemental briefs submitted by the parties, we conclude that Fields has not alleged a due process violation because he has received sufficient process to satisfy the requirements of the Fourteenth Amendment.

3

We thus affirm the judgment of the district court, but for reasons different from those expressed in our earlier decision.

I.

4

Ralph Fields joined the faculty of the Community College of Baltimore in 1967, where he received faculty tenure three years later. Fields was appointed Dean and Provost of the College in 1978, a position to which he was reappointed in 1984. Under the College's "Conditions of Appointment for Administrators and Non-Instructional Personnel," a document issued pursuant to a 1979 collective bargaining agreement, "[a]n administrative title [could] not be held concurrently with professional rank."

[*~95]5

On June 27, 1986, Joseph Durham, President of the Community College, informed Fields that he was being dismissed as Dean and Provost of the College. Fields' dismissal came after he had been notified of deficiencies in his performance and after he had received an unsatisfactory evaluation. Fields was told of his right to appeal his dismissal to the President's Cabinet, but he did not take that appeal and instead sought direct review of the termination decision by the Board of Trustees. At the hearing before the Board, Fields was represented by counsel, produced witnesses on his behalf, presented numerous exhibits, and had the opportunity to testify and cross-examine witnesses. After the hearing on August 12, 1986, the Board unanimously affirmed Fields' discharge.

6

Fields subsequently brought this 42 U.S.C. Sec. 1983 suit against the College, its trustees, President Durham, and the Mayor and City Council of Baltimore, alleging that his property interest in continuing employment had been denied without due process. He alleged that the process with which he was provided failed to conform with that required by the College's rules and regulations and his employment agreements. He also alleged numerous pendent state law claims sounding in contract and tort. The district court granted defendants' motion for summary judgment on the Sec. 1983 claim and declined jurisdiction over the pendent state law claims.

7

We affirmed the district court's judgment in Fields v. Durham, 856 F.2d 655 (4th Cir.1988) (Fields I ). After deciding that Fields' complaint alleged at most a random and unauthorized failure of college officials to follow state procedures in connection with his termination, we held, relying on Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), and Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984), that due process was satisfied by the meaningful postdeprivation remedies available under Maryland law. The Supreme Court granted certiorari in Fields I, vacated the decision, and remanded for consideration in light of Zinermon v. Burch, --- U.S. ----, 110 S.Ct. 975, 108 L.Ed.2d 100 (1990).

8

We now consider how Zinermon affects this case.

II.

[*~96]9

Zinermon involved a Sec. 1983 suit brought by Darrell Burch against physicians, administrators, and staff members at Florida State Hospital (FSH), a mental hospital in Chattahoochee, Florida. The state officials admitted Burch into FSH in accordance with Florida's statutory requirements for voluntary admission to mental health facilities. Burch alleged, however, that he was medicated and disoriented at the time of his admission, and thus was incompetent to give his informed consent. He claimed that the Florida officials "should have afforded him procedural safeguards required by the Constitution before involuntary commitment of a mentally ill person," 110 S.Ct. at 977, and that they deprived him of his liberty without due process by admitting him as a voluntary patient without determining whether he was competent to consent to confinement. The Supreme Court held that these allegations stated a claim under Sec. 1983 because Burch's deprivation (a) was foreseeable due to the nature of mental illness and (b) could have been guarded against by the state through a predeprivation procedure to determine competence. 110 S.Ct. at 987-90.

[*97]10

Zinermon makes clear that to determine whether a procedural due process violation has occurred, courts must consult the entire panoply of predeprivation and postdeprivation process provided by the state. 110 S.Ct. at 983. The Supreme Court emphasized, however, that the Due Process Clause normally requires a hearing "before the State deprives a person of liberty or property." Id. at 984 (emphasis in original). The general requirement that a state provide predeprivation process reduces the likelihood that erroneous deprivations of constitutionally protected interests will occur. In some situations, though, the state cannot foresee, and thus cannot avert through implementation of prescriptive procedures, the deprivation in issue. Id. at 984-85. In this narrow class of cases, the Parratt/Hudson rule applies, and "postdeprivation tort remedies are all the process that is due, simply because they are the only remedies the State could be expected to provide." Id. at 985. Under Zinermon, however, the provision of some predeprivation process remains the preferred constitutional course.

[*~97]11

Zinermon thus requires that we first ask whether the risk of an erroneous deprivation was foreseeable, and next "whether predeprivation safeguards would have any value in guarding against the kind of deprivation ... allegedly suffered." Id. at 988. In the present case, the general risk of deprivation concerned the erroneous deprivation of a public education official's property interest in employment. We believe that this risk was foreseeable, and that Maryland acted to address it by prescribing predeprivation procedures to ensure that its education officials not be erroneously terminated. The termination procedures for administrators and members of the faculty differed in detail (for example, administrative termination required at least thirty days prior notice; dismissals from the faculty required, except for cases of moral turpitude, prior notice of a year). Both classes of personnel, however, were guaranteed prior notice, a statement of the grounds for dismissal, an opportunity to respond, and the right to appeal the termination decision.

12

Predeprivation process was not only prescribed here, it was actually provided. On June 27, 1986, Fields received notice from President Durham that his performance as Dean of the Faculty and Provost contained "serious deficiencies," and had been rated "unsatisfactory." After being told of the reasons for his dismissal, Fields was able to appeal the decision both to the President's Cabinet and to the Board of Trustees. Fields did not take his appeal to the President's Cabinet, but instead appealed directly to the Board of Trustees, before whom, as we have noted, he received a hearing, was represented by counsel, produced witnesses on his behalf, presented numerous exhibits, and had the opportunity to testify and cross-examine witnesses.

13

In Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 535, 105 S.Ct. 1487, 1489, 84 L.Ed.2d 494 (1985), the Supreme Court considered "what pretermination process must be accorded a public employee who can be discharged only for cause." Loudermill applied the balancing test of Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976), which Zinermon reaffirms is the proper standard by which to judge the adequacy of the process afforded. See Zinermon, 110 S.Ct. at 984. The Loudermill Court emphasized that "the pretermination 'hearing,' though necessary, need not be elaborate." 470 U.S. at 545, 105 S.Ct. at 1495. "The tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story." Id. at 546, 105 S.Ct. at 1495. We conclude that the substantial process provided to Fields more than satisfies the requirements of Loudermill.

14

Fields maintains, however, that the process he received was insufficient. He asserts that in addition to his status as an administrator, he was also a tenured member of the faculty. He argues that he had two distinct property interests warranting two distinct predeprivation procedures: one for his termination as an administrator, and one for his termination as a member of the faculty. He contends that the school only provided him with a pretermination hearing regarding his administrative position, and failed to give him any process at all concerning his termination as a member of the faculty.

15

We think this argument is flawed. Whether Fields retained, or under what conditions he might return to, his position as a member of the tenured faculty after assuming his role as an administrator is unclear. The rules of the College, as embodied in the "Conditions of Appointment for Administrative and Non-Instructional Personnel," do not appear to permit an administrator to hold a tenured faculty position.

[*~98]16

Drawing the inferences on this point in his favor, however, still will not permit Fields to prevail. His argument implies that within the property interest in employment created by state law exist numerous entitlements within entitlements to perform specific functions. This court has been reluctant to recognize multiple property interests within the same employment relationship. Although we recognize the significance of an employee's property interest in retaining employment, see Loudermill, 470 U.S. at 543, 105 S.Ct. at 1493, we have previously held that the constitutionally protected property interest in employment does not extend to the right to possess and retain a particular job or to perform particular services. See Huang v. Board of Governors, 902 F.2d 1134 (4th Cir.1990); Royster v. Board of Trustees, 774 F.2d 618, 621 (4th Cir.1985). Rather, the property interest is more generally in continued employment, and no deprivation exists so long as the employee receives "payment of the full compensation due under the contract." Royster, 774 F.2d at 621.

17

The nature of the property entitlement informs the due process analysis. Loudermill, 470 U.S. at 545, 105 S.Ct. at 1495; Mathews v. Eldridge, 424 U.S. at 333-35, 96 S.Ct. at 901-03. Due process need not require an employer as a matter of federal law to provide a succession of different pretermination proceedings commensurate with the various positions an employee might have held over the course of an employer-employee relationship. Under the test for the sufficiency of procedural protection set forth in Mathews v. Eldridge and its progeny, the institution could permissibly focus here on the adequacy of performance and the appropriateness of termination from the job that Fields was performing for it most recently. The locus of dispute between employer and employee concerned Fields' unsatisfactory performance as Dean of the College. This was the basis of his discharge, and the purpose of the hearing was to ascertain whether this basis was erroneous. It was permissible for the predeprivation process to focus upon it. Thus, as a matter of federal law, Fields received constitutionally adequate predeprivation process with regard to his termination from the job he had been performing for Baltimore Community College since 1978.

18

Of course, the adequacy of predeprivation process provided by the state is not the end of our inquiry. Both Zinermon and Loudermill stress that courts must also examine the postdeprivation remedies provided by a state to determine whether federal due process is satisfied. Zinermon, 110 S.Ct. at 983; Loudermill, 470 U.S. at 546-47, 105 S.Ct. at 1495-96. This is so because "[t]he [federal procedural due process] violation actionable under Sec. 1983 is not complete when the deprivation occurs; it is not complete unless and until the State fails to provide due process." Zinermon, 110 S.Ct. at 983. We note in this connection that Fields had available numerous postdeprivation remedies here. In fact, he is now in state court seeking compensatory and punitive damages for numerous contract violations and for deprivation of his property interest under the Maryland Constitution. In addition, as evidenced by the pendent claims raised in his federal complaint, Fields also had available state law claims for civil conspiracy, tortious interference with contractual relationships, and wrongful discharge. State court is the proper forum to explore the full nature of the employer-employee relationship, including the extent to which the state has failed in any way to adhere to employment contract provisions with respect to Fields' faculty status. Predeprivation procedures are the "initial check against mistaken decisions," but they "need not definitively resolve the propriety of the discharge." Loudermill, 470 U.S. at 545, 105 S.Ct. at 1495. To shift all the complex congeries of issues implicated by this employer-employee relationship to the predeprivation stage "would intrude to an unwarranted extent on the government's interest in quickly removing an unsatisfactory employee." Loudermill, 470 U.S. at 546, 105 S.Ct. at 1495.

19

In short, Fields has received an abundance of process. The state established specific pretermination procedures, state officials provided Fields with actual process before terminating him from his job, and the state provided numerous postdeprivation tort and contract remedies for illegal official action. Recognizing and respecting the role that procedural due process has played in preventing arbitrary deprivations of individual liberty and property, we hold Fields has failed to state a claim under Sec. 1983. The judgment of the district court is thus

20

AFFIRMED.