pre-termination hearing (Maryland) · Go Syfert
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pre-termination hearing in Maryland

10 Maryland opinions name it 2 courts 1982–2020 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Goldberg v. Kellygreen
scotus · 1970 · cited in 3 Maryland opinions naming this issue, 2007–2019
2 sentences

2019Thus, a pre-termination hearing was essential "to protect a recipient against an erroneous termination of his benefits." Id. at 267 , 90 S.Ct. 1011 .

2019Thus, a pre-termination hearing was essential "to protect a recipient against an erroneous termination of his benefits." Id. at 267 , 90 S.Ct. 1011 .

13
unempl.ins.rep. Cch 22,077 Harry T. Edmundson v. Borough of Kennett Square Robert F. Goddu Kenneth Roberts Herbert L. Waltz Albert J. McCarthygreen
ca3 · 1993 · cited in 1 Maryland opinions naming this issue, 2020–2020
1 sentence

2020See Edmundson v. Borough of Kennett Square, 4 F.3d 186, 192-93 (3d Cir. 1993) (unreviewed agency legal determination that plaintiff’s statement was not protected by First Amendment not given preclusive effect); Peery v. Brakke, 826 F.2d 740, 746 (8th Cir. 1987) (unreviewed state agency decision that plaintiff did not have due process right to a pre-termination hearing not accorded preclusive effect); Romano v. SLS Residential, Inc., 812 F.Supp.2d 282 , 290- 91 (S.D.N.Y. 2011) (state administrative agency fact findings concerning restraints in mental health facility would be given preclusive ef

11
cluster 492719green
ca8 · 1987 · cited in 1 Maryland opinions naming this issue, 2020–2020
1 sentence

2020See Edmundson v. Borough of Kennett Square, 4 F.3d 186, 192-93 (3d Cir. 1993) (unreviewed agency legal determination that plaintiff’s statement was not protected by First Amendment not given preclusive effect); Peery v. Brakke, 826 F.2d 740, 746 (8th Cir. 1987) (unreviewed state agency decision that plaintiff did not have due process right to a pre-termination hearing not accorded preclusive effect); Romano v. SLS Residential, Inc., 812 F.Supp.2d 282 , 290- 91 (S.D.N.Y. 2011) (state administrative agency fact findings concerning restraints in mental health facility would be given preclusive ef

11
Perley v. Palmergreen
iand · 1994 · cited in 1 Maryland opinions naming this issue, 2020–2020
1 sentence

2020See Edmundson v. Borough of Kennett Square, 4 F.3d 186, 192-93 (3d Cir. 1993) (unreviewed agency legal determination that plaintiff’s statement was not protected by First Amendment not given preclusive effect); Peery v. Brakke, 826 F.2d 740, 746 (8th Cir. 1987) (unreviewed state agency decision that plaintiff did not have due process right to a pre-termination hearing not accorded preclusive effect); Romano v. SLS Residential, Inc., 812 F.Supp.2d 282 , 290- 91 (S.D.N.Y. 2011) (state administrative agency fact findings concerning restraints in mental health facility would be given preclusive ef

11
cluster 785565green
ca8 · 2004 · cited in 1 Maryland opinions naming this issue, 2011–2011
1 sentence

2011See generally Hunter v. Underwood, 362 F.3d 468 (8th Cir.2004); Ritter v. Cecil County Office of Hous. & Cmty. Dev., 33 F.3d 323 (4th Cir.1994).

11
Don Thompson v. Carl Adamsgreen
ca8 · 2001 · cited in 1 Maryland opinions naming this issue, 2008–2008
2 sentences

2008Challenging his firing, the plaintiff alleged, in addition to retaliation, violation of his “due process rights under the fourteenth amendment by firing him without notice, a statement of reasons, and a pre-termination hearing, and that the post-termination hearing that he received was inadequate because of bias on the part of the mayor and the council members.” Id. at 611.

2008On the other hand, the manual stated that the City would give written notice of disciplinary action to be, or already, taken, that each employee is entitled to review of any disciplinary action and “that when the city intends to fire an employee, the city will provide ‘written reasons that can be supported at a pre-termination hearing.’ ” Id The plaintiff argued that these provisions amount to a repudiation of “at will” employment “and thus establish the necessary property interest for him.” Id.

11
Md. Classified Employees Ass'n, Inc. v. Stategreen
md · 1997 · cited in 1 Maryland opinions naming this issue, 2004–2004
2 sentences

2004Moreover, in Maryland Classified Employees Association v. State of Maryland, supra, 346 Md. at 22, 694 A.2d at 947 , Judge Wilner for this Court took the position that the hearing must ordinarily be "pre-termination," saying: "[W]hen the attributes attendant to public employment under State law are such as to give the employee `a legitimate claim of entitlement' to the position, as under a tenure plan or where dismissal may only be for cause, a property interest in that employment is created, and the right to procedural due process ordinarily requires the opportunity of a pre-termination heari

2004Moreover, in Maryland Classified Employees Association v. State of Maryland, supra, 346 Md. at 22, 694 A.2d at 947 , Judge Wilner for this Court took the position that the hearing must ordinarily be "pre-termination," saying: "[W]hen the attributes attendant to public employment under State law are such as to give the employee `a legitimate claim of entitlement' to the position, as under a tenure plan or where dismissal may only be for cause, a property interest in that employment is created, and the right to procedural due process ordinarily requires the opportunity of a pre-termination heari

11
Gilbert v. Homargreen
scotus · 1997 · cited in 1 Maryland opinions naming this issue, 1997–1997
1 sentence

1997Id. at 546 , 105 S.Ct. at 1495 ; see also Gilbert, — U.S. at -, 117 S.Ct. at 1811 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Karabetis v. Mayor of Baltimore green
mdctspecapp · 1987
1 sentence

2020Iowa 1994) (state agency’s conclusions on disputed issues of law related to Medicaid benefits not given preclusive effect). 37 Karabetis v. Mayor and City Council of Baltimore, 72 Md.

12020–2020
Romano v. SLS Residential, Inc. green
nysd · 2011
1 sentence

2020See Edmundson v. Borough of Kennett Square, 4 F.3d 186, 192-93 (3d Cir. 1993) (unreviewed agency legal determination that plaintiff’s statement was not protected by First Amendment not given preclusive effect); Peery v. Brakke, 826 F.2d 740, 746 (8th Cir. 1987) (unreviewed state agency decision that plaintiff did not have due process right to a pre-termination hearing not accorded preclusive effect); Romano v. SLS Residential, Inc., 812 F.Supp.2d 282 , 290- 91 (S.D.N.Y. 2011) (state administrative agency fact findings concerning restraints in mental health facility would be given preclusive ef

12020–2020
Public Service Commission v. Wilson green
md · 2005
2 sentences

2012Wilson, 389 Md. at 37 , 882 A.2d at 855 .

2012Wilson, 389 Md. at 37 , 882 A.2d at 855 .

12012–2012
Belinda Ritter v. Cecil County Office of Housing and Community Development green
ca4 · 1994
1 sentence

2011See generally Hunter v. Underwood, 362 F.3d 468 (8th Cir.2004); Ritter v. Cecil County Office of Hous. & Cmty. Dev., 33 F.3d 323 (4th Cir.1994).

12011–2011
Sugarloaf Citizens Ass'n v. Northeast Maryland Waste Disposal Authority green
md · 1991
2 sentences

2011The question decided in Sugarloaf was whether the Maryland Air Management Administration of the Maryland Department of the Environment was required to hold a contested case hearing before ruling on an application for a Prevention of Significant Deterioration (PSD) permit 11 related to the process of building a Municipal solid waste incinerator. 323 Md. at 651 , 594 A.2d at 1119-20 .

2011The question decided in Sugarloaf was whether the Maryland Air Management Administration of the Maryland Department of the Environment was required to hold a contested case hearing before ruling on an application for a Prevention of Significant Deterioration (PSD) permit 11 related to the process of building a Municipal solid waste incinerator. 323 Md. at 651 , 594 A.2d at 1119-20 .

12011–2011
Bell v. Burson green
scotus · 1971
2 sentences

2007In Bell v. Burson, supra, [ 402 U.S. 535, 539-540 , 91 S.Ct. 1586 , 29 L.Ed.2d 90 (1971) ] the entitlement to a driver’s license under state law was deemed “property” for due process purposes.

2007In Bell v. Burson, supra, [ 402 U.S. 535, 539-540 , 91 S.Ct. 1586 , 29 L.Ed.2d 90 (1971) ] the entitlement to a driver’s license under state law was deemed “property” for due process purposes.

12007–2007
Cleveland Board of Education v. Loudermill green
scotus · 1985
2 sentences

1997Id. at 546 , 105 S.Ct. at 1495 ; see also Gilbert, — U.S. at -, 117 S.Ct. at 1811 .

1997Id. at 546 , 105 S.Ct. at 1495 ; see also Gilbert, — U.S. at -, 117 S.Ct. at 1811 .

11997–1997
cluster 444430 green
ca8 · 1984
1 sentence

1997Even that procedural right to a hearing, however, has been held inapplicable to legislatively mandated reorganizations or reductions in force not based on individual fault or “cause.” See Duffy v. Sarault, 892 F.2d 139 (1st Cir.1989); Smith v. Sorensen, 748 F.2d 427 (8th Cir.1984), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2116 , 85 L.Ed.2d 480 (1985); American Federation of Government Employees v. OPM, 821 F.2d 761 (D.C.Cir.1987); Praprotnik v. City of St.

11997–1997
cluster 490096 green
cadc · 1987
1 sentence

1997Even that procedural right to a hearing, however, has been held inapplicable to legislatively mandated reorganizations or reductions in force not based on individual fault or “cause.” See Duffy v. Sarault, 892 F.2d 139 (1st Cir.1989); Smith v. Sorensen, 748 F.2d 427 (8th Cir.1984), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2116 , 85 L.Ed.2d 480 (1985); American Federation of Government Employees v. OPM, 821 F.2d 761 (D.C.Cir.1987); Praprotnik v. City of St.

11997–1997
Vincent R. Duffy v. Brian J. Sarault, Etc. green
ca1 · 1989
1 sentence

1997Even that procedural right to a hearing, however, has been held inapplicable to legislatively mandated reorganizations or reductions in force not based on individual fault or “cause.” See Duffy v. Sarault, 892 F.2d 139 (1st Cir.1989); Smith v. Sorensen, 748 F.2d 427 (8th Cir.1984), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2116 , 85 L.Ed.2d 480 (1985); American Federation of Government Employees v. OPM, 821 F.2d 761 (D.C.Cir.1987); Praprotnik v. City of St.

11997–1997
City of Burbank v. Cinevision Corp. green
scotus · 1985
1 sentence

1997Even that procedural right to a hearing, however, has been held inapplicable to legislatively mandated reorganizations or reductions in force not based on individual fault or “cause.” See Duffy v. Sarault, 892 F.2d 139 (1st Cir.1989); Smith v. Sorensen, 748 F.2d 427 (8th Cir.1984), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2116 , 85 L.Ed.2d 480 (1985); American Federation of Government Employees v. OPM, 821 F.2d 761 (D.C.Cir.1987); Praprotnik v. City of St.

11997–1997
Greenfield v. Wood green
scotus · 1985
1 sentence

1997Even that procedural right to a hearing, however, has been held inapplicable to legislatively mandated reorganizations or reductions in force not based on individual fault or “cause.” See Duffy v. Sarault, 892 F.2d 139 (1st Cir.1989); Smith v. Sorensen, 748 F.2d 427 (8th Cir.1984), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2116 , 85 L.Ed.2d 480 (1985); American Federation of Government Employees v. OPM, 821 F.2d 761 (D.C.Cir.1987); Praprotnik v. City of St.

11997–1997
Arkansas-Best Freight System, Inc. v. Barrentine green
scotus · 1985
1 sentence

1997Even that procedural right to a hearing, however, has been held inapplicable to legislatively mandated reorganizations or reductions in force not based on individual fault or “cause.” See Duffy v. Sarault, 892 F.2d 139 (1st Cir.1989); Smith v. Sorensen, 748 F.2d 427 (8th Cir.1984), cert. denied, 471 U.S. 1054 , 105 S.Ct. 2116 , 85 L.Ed.2d 480 (1985); American Federation of Government Employees v. OPM, 821 F.2d 761 (D.C.Cir.1987); Praprotnik v. City of St.

11997–1997
De Bleecker v. Montgomery County green
mdctspecapp · 1981
1 sentence

1982It further concluded that "De Bleecker was not entitled to a pre-termination hearing, and the Board’s action in terminating De Bleecker’s employment did not violate any of his constitutional rights.” 48 Md.

11982–1982

Where else courts name it

PA 44 (1976–2025) LA 37 (1982–2025) AK 12 (1993–2026) OH 11 (1985–2022) RI 11 (1980–2023) MD 10 (1982–2020) CA 10 (1986–2024) NM 10 (1997–2017) WV 8 (1994–2017) TN 7 (2008–2021) AZ 7 (1977–2007) OR 6 (1976–2015) AL 6 (1979–2016) NY 6 (1975–2009) GA 6 (1979–2017) ID 5 (1986–2023) VT 5 (1974–2015) MO 5 (1984–2023) FL 5 (1980–2008) ND 5 (2002–2019) MS 4 (2003–2021) MA 4 (1970–2024) OK 4 (1986–2014) DE 3 (1974–2015) IN 3 (1980–2011) WI 3 (1983–2024) UT 3 (2001–2020) MI 3 (1971–2025) SD 3 (2000–2001) CO 3 (1984–1994) KY 3 (2012–2024) VA 2 (2014–2018) NH 2 (2015–2023) MT 2 (1994–1994) WY 2 (1986–2007) NV 2 (1978–2005) TX 2 (1988–1989) DC 2 (2014–2024) MN 2 (1984–1986) WA 2 (1985–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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