Thursday, May 24, 2007

State court ruling on grievability precludes procedural due process claim

In Etters v. Spencer, Chief Judge Jones of the W.D. Va. dismissed in part the section 1983 claim of a former employee of Tazewell County, who claims that he has been deprived of liberty and property without due process.

The Court ruled that the plaintiff was bound by the determination in state court that the plaintiff had no grievance because he was a department head, excluded by the county government from application of the policy, and therefore he had no basis for his procedural due process claim (having received all the process he was due, which was none).

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