Legal Opinion

Dixon v. Osman

Court of Appeals of Arizona

Decided November 14, 1974No. 1 CA-CIV 2168PublishedCited by 6 opinions

1Opinion of the Court

OPINION

JACOBSON, Chief Judge, Division 1.

The dispositive question in this appeal is whether the Auditor General may discharge a public employee from public employment because of a past criminal conviction without prior notice and opportunity to be heard.

As this case comes to us by way of a motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b), Arizona Rules of Civil Procedure, the facts as alleged in appellant’s amended complaint are presumed to be true, Savard v. Selby, 19 Ariz.App. 514, 508 P.2d 773 (1973). The appellant’s amended complaint…

2Cases cited16 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. Stanley v. IllinoisSupreme Court of the United States · 1972
  5. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961

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3Cited by6 opinions

  1. McClung v. Marion County CommissionWest Virginia Supreme Court · 1987
  2. Justice v. National Collegiate Athletic Ass'nDistrict Court, D. Arizona · 1983
  3. McLeod v. ChiltonCourt of Appeals of Arizona · 1981
  4. Rottenberg v. Cartwright School District No. 83Court of Appeals of Arizona · 1974
  5. Bennett ex rel. Arizona State Personnel Commission v. BeardCourt of Appeals of Arizona · 1976

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