Duncan v. Department of Personnel Administration
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
MASTERSON, J.
This appeal presents the principal question of whether the due process clause entitles a public employee to a predeprivation hearing before he is demoted in lieu of layoff. We conclude that such a hearing is not required and that a postdemotion hearing is sufficient.
Background
On March 12, 1990, plaintiff Robert Duncan went to work for the California Department of Insurance (DOI) in Los Angeles as an associate life actuary. After completing his probationary period, Duncan became a permanent civil service employee. His primary responsibility was to ensure that the premiums…
2Cases cited27 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
- Gilbert v. HomarSupreme Court of the United States · 1997
22 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Zuniga v. Los Angeles County Civil Service CommissionCalifornia Court of Appeal · 2006
- Alameda County Management Employees Ass'n v. Superior CourtCalifornia Court of Appeal · 2011
- California Consumer Health Care Council, Inc. v. Department of Managed Health CareCalifornia Court of Appeal · 2008
- Brown v. City of Los AngelesCalifornia Court of Appeal · 2002
- Stewart Enterprises, Inc. v. City of OaklandCalifornia Court of Appeal · 2016
6 more not listed; retrieve them via the Exa API.