Roy F. Diebold v. Civil Service Commission of St. Louis County, Etc.

ROSS, Circuit Judge.

This appeal poses the difficult constitutional question of whether an indicted individual’s fifth amendment privilege against self-incrimination is threatened if he must participate in an administrative proceeding, as the sole means of contesting the loss of his job, which involves consideration of matters related to or similar to those for which a criminal indictment has been issued. Even where, as here, the accused employee is free to assert the privilege in the administrative proceeding, the choices available to him are still undesirable. He may either elect to remain…