Legal Opinion

Baldwin v. City of Cincinnati, Unpublished Decision (12-30-2005)

Ohio Court of Appeals

Decided December 30, 2005No. Appeal No. C-050292UnpublishedCited by 1 opinion

1Opinion of the Court

DECISION

{¶ 1} In a case of first impression, we hold that if an employee, terminated because of R.C. 124.34, has received a meaningful pre-termination hearing, the lack of a later civil service commission hearing does not violate due process.

{¶ 2} Benjamin Baldwin was convicted on three counts of felony drug trafficking. Prior to his conviction, he was employed by the Cincinnati Metropolitan Sewer District ("MSD") in a classified position. After his conviction, MSD terminated his employment. MSD acted under R.C. 124.34, which states that a person convicted of a felony "immediately forfeits"…

2Cases cited5 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Bernardini v. Board of EducationOhio Supreme Court · 1979
  3. State ex rel. Rose v. Ohio Department of Rehabilitation & CorrectionOhio Supreme Court · 2001
  4. Shearer v. Cuyahoga County HospitalOhio Court of Appeals · 1986
  5. State ex rel. Rose v. Ohio Dept. of Rehab. & Corr.Ohio Supreme Court · 2001

3Cited by1 opinion

  1. Gaither-Thompson v. Ohio Civil Rights CommissionOhio Court of Appeals · 2008

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