name-clearing hearing (Iowa) · Go Syfert
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name-clearing hearing in Iowa

5 Iowa opinions name it 2 courts 1989–2018 0 in the last five years

The cases below were cited by Iowa 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 (7)

CaseFollowedCited
Bennett v. City of Redfieldgreen
iowa · 1989 · cited in 3 Iowa opinions naming this issue, 1994–2018
2 sentences

2018Aside from our conclusion, above, that Riverdale was not statutorily required to publish notice of the hearing, we note "[t]he central elements of due process are notice and an opportunity to defend." Silva v. Emp't Appeal Bd. , 547 N.W.2d 232 , 234-35 (Iowa Ct. App. 1996) ; accord Bennett v. City of Redfield , 446 N.W.2d 467 , 471 (Iowa 1989) (stating "if the claimant has been afforded notice and opportunity to be heard in a name clearing hearing, no liberty interest claim arises" and "[d]ue process requires only that the claimant be accorded notice of the charges and opportunity to present a

1994“The due process requirement is satisfied where the employee is notified of the reasons for discharge and furnished the opportunity of a name clearing hearing.” Bennett, 446 N.W.2d at 471 .

23
Rush v. Perrymangreen
ca8 · 2009 · cited in 1 Iowa opinions naming this issue, 2013–2013
1 sentence

2013In Rush v. Perryman, the Eighth Circuit held that a college president had a due process right to a name clearing hearing after he was terminated amidst accusations of “dishonesty, insubordination, failure to comply with state laws, and willful disregard of board policy.” 579 F.3d 908, 910, 913 (8th Cir.2009).

11
United States v. Bp Amoco Oil Plcgreen
ca8 · 2002 · cited in 1 Iowa opinions naming this issue, 2013–2013
1 sentence

2013Jones contends Mason violated the Due Process Clause by denying him the benefit of a name-clearing hearing.) “Due process is a flexible concept that varies with the particular situation, and its fundamental requirement ... is the opportunity to be heard at a meaningful time and in a meaningful manner.” United States v. BP Amoco Oil PLC, 277 F.3d 1012, 1017 (8th Cir.2002) (citation and internal quotation marks omitted).

11
Mathews v. Eldridgegreen
scotus · 1976 · cited in 1 Iowa opinions naming this issue, 2013–2013
2 sentences

2013Procedural due3 process claims center on the “requirement that a person in jeopardy of serious loss [be given] notice of the case against him and opportunity to meet it.” Mathews v. Eldridge, 424 U.S. 319, 348-49 , 96 S.Ct. 893, 909 , 47 L.Ed.2d 18, 41 (1976) (citation and internal quotation marks omitted).

2013Procedural due3 process claims center on the “requirement that a person in jeopardy of serious loss [be given] notice of the case against him and opportunity to meet it.” Mathews v. Eldridge, 424 U.S. 319, 348-49 , 96 S.Ct. 893, 909 , 47 L.Ed.2d 18, 41 (1976) (citation and internal quotation marks omitted).

11
Latrelle Campbell v. Pierce County, Georgia, by and Through the Board of Commissioners of Pierce County, Troy Mattox, Foy Kimbrell, and Larry Thomasgreen
ca11 · 1984 · cited in 1 Iowa opinions naming this issue, 1989–1989
2 sentences

1989The City cited the case of Campbell v. Pierce County, 741 F.2d 1342 (11th Cir.1984), as authority.

1989See Rosenstein v. City of Dallas, 876 F.2d 392, 396 (5th Cir.1989); Campbell v. Pierce County, 741 F.2d 1342, 1345-46 (11th Cir.1984).

11
Thomas E. Nelson v. The City of McGehee Rosalie S. Gould Jim D. Harrisgreen
ca8 · 1989 · cited in 1 Iowa opinions naming this issue, 1989–1989
2 sentences

1989As stated in Nelson v. City of McGehee, 876 F.2d 56, 58 (8th Cir.1989), “[i]t is the denial of due process, not the alleged defamation per se, which triggers a federal cause of action.” The due process requirement is satisfied where the employee is notified of the reasons for discharge and furnished the opportunity of a name clearing hearing.

1989As stated in Nelson v. City of McGehee, 876 F.2d 56, 58 (8th Cir.1989), “[i]t is the denial of due process, not the alleged defamation per se, which triggers a federal cause of action.” The due process requirement is satisfied where the employee is notified of the reasons for discharge and furnished the opportunity of a name clearing hearing.

11
Howard M. Rosenstein v. The City of Dallas, Texasgreen
ca5 · 1989 · cited in 1 Iowa opinions naming this issue, 1989–1989
1 sentence

1989See Rosenstein v. City of Dallas, 876 F.2d 392, 396 (5th Cir.1989); Campbell v. Pierce County, 741 F.2d 1342, 1345-46 (11th Cir.1984).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Silva v. Employment Appeal Board green
iowactapp · 1996
1 sentence

2018Aside from our conclusion, above, that Riverdale was not statutorily required to publish notice of the hearing, we note "[t]he central elements of due process are notice and an opportunity to defend." Silva v. Emp't Appeal Bd. , 547 N.W.2d 232 , 234-35 (Iowa Ct. App. 1996) ; accord Bennett v. City of Redfield , 446 N.W.2d 467 , 471 (Iowa 1989) (stating "if the claimant has been afforded notice and opportunity to be heard in a name clearing hearing, no liberty interest claim arises" and "[d]ue process requires only that the claimant be accorded notice of the charges and opportunity to present a

12018–2018
Board of Regents of State Colleges v. Roth green
scotus · 1972
2 sentences

1989Roth, 408 U.S. at 573 , 92 S.Ct. at 2707 , 33 L.Ed.2d at 558-59 .

1989Roth, 408 U.S. at 573 , 92 S.Ct. at 2707 , 33 L.Ed.2d at 558-59 .

11989–1989

Statutes the citing opinions construe

IA § Iowa Code § 372.15 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 78 (1981–2023) TX 14 (1991–2025) CA 10 (1984–2025) MA 9 (1990–2022) FL 7 (1990–2005) GA 6 (2010–2019) OH 6 (1983–2019) PA 5 (2016–2026) IA 5 (1989–2018) DE 3 (2015–2018) WA 3 (2005–2016) DC 2 (2002–2006) VT 2 (2009–2014) OK 2 (1990–2009)

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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