Legal Opinion

Higgins v. Town of Concord

District Court, District of Columbia

Decided July 23, 2018No. 16-CV-10641-DLCPublishedCited by 4 opinions

1Opinion of the Court

Against this backdrop, the court considers each of the plaintiff's claims on the merits.

B. Procedural Due Process

The essence of the plaintiff's procedural due process claim is that the defendants terminated her without first affording her the right to a pre-termination hearing. As noted above, though, the plaintiff explicitly waived her right to a pre-termination hearing in executing the LCA. Summary judgment will therefore enter in the defendants' favor on this claim. See e.g. Kelly v. New York City Dep't of Envtl. Prot., 3:13-CV-1110, 2014 WL 837469, *7, 2014 U.S. Dist. LEXIS 27039, *20…

2Cases cited10 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Hodgens v. General Dynamics Corp.Court of Appeals for the First Circuit · 1998
  3. Pagan v. CalderonCourt of Appeals for the First Circuit · 2006
  4. Germanowski v. HarrisCourt of Appeals for the First Circuit · 2017
  5. John Byrne v. Avon Products, Inc.Court of Appeals for the Seventh Circuit · 2003

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3Cited by4 opinions

  1. Bruce v. Worcester Regional Transit AuthorityCourt of Appeals for the First Circuit · 2022
  2. 320 Fall River, LLC and H. Charles Tapalian v. Town of Seekonk, by and through its Board of Selectmen; Michelle A. Hines, in her capacity as Chairperson of the Board of Selectmen; David Andrade; John Does 1-10; and XYZ Corporations 1-10District Court, D. Massachusetts · 2026
  3. 320 Fall River, LLC v. Seekonk, Town ofDistrict Court, D. Massachusetts · 2025
  4. MCLEAN v. DELHAIZE AMERICA DISTRIBUTION LLCDistrict Court, D. Maine · 2019

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