Must Post-Termination Procedural Due Process Include a Full, Trial-Like Evidentiary Hearing? A Critique of Townsel v. San Diego Metropolitan Transit Development Board

Authors

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Casenote

Abstract

The due process clause of the Fourteenth Amendment has been held to prohibit the deprivation of a constitutionally protected property interest without "appropriate procedural safeguards."' The California Court of Appeal for the Fourth District recently decided what procedural safeguards were appropriate for a post-termination hearing following the discharge of a public employee. In Townsel v. San Diego Metropolitan Transit Development Board, the court held that all public employees removable only for cause are entitled to a full, trial-like post-termination evidentiary hearing where the government employer must prove its case against the discharged employee. This Casenote questions the Townsel court's holding.

Recommended Citation

Must Post-Termination Procedural Due Process Include a Full, Trial-Like Evidentiary Hearing? A Critique of Townsel v. San Diego Metropolitan Transit Development Board, 36 San Diego L. Rev. (1999).
Available at: https://digital.sandiego.edu/sdlr/vol36/iss4/7