unempl.ins.rep. Cch 21,867 Tom Cuellar v. Texas Employment Commission and Larco Leasing, Inc.

GOLDBERG, Circuit Judge:

Plaintiff Tom Cuellar appeals from a Fed.R.Civ.P. 12(b)(6) dismissal of his complaint, which alleges a deprivation of due process in the procedures utilized by a state administrative appellate referee during an unemployment benefit disqualification hearing. Finding that the complaint may allege sufficient facts to ground a constitutional claim, we vacate the dismissal order and remand to the district court for further consideration in light of this opinion and, if requested, to permit Cuellar to amend his complaint in the interests of justice.

1. Factual Background

Becaus…