Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 117-9

Filed 05/26/2006

Page 1 of 2

P AN IFSC MP TN INSTRUCTION NO. 34 L ITF ' O E IG (§1983 -- Pre-termination Due Process) Plaintiff claims that that the City deliberately conducted the investigation of the allegations against him without complying with its own requirements, standards, practices and customs for the investigation of such allegations and preservation of e i n e a dtee y iae Pa t 'po e ua d epo e s i t b d pin v e c , n h rb v l d lnis rc d rl u rc s r hs y e r i d ot if f g vg h a dteCts e io -makers, of information that he might have used to defend i n h i'd c i m, y sn himself against the charge of shoplifting. Plaintiff claims that person(s) conducting the investigation under the direction of senior policy-making officials and attorneys deliberately: concealed or downplayed evidence that exonerated Plaintiff; defamed Plaintiff in order to secure his prosecution by a third party; and conspired to secure, and did secure, through misrepresentations, fraudulent concealment, and stigmatizing publication of false allegations of criminal c n u tPa t 'mac u po e ui a dtr o d c lnis li s rs c t n n emination without the opportunity for an , if f io o adequate pre-tr n t nh ai , n tee y iae Pa t 'po e ua d e emi i e r g a d h rb v l d lnis rc d rl u ao n ot if f process rights. The purpose of the pre-termination hearing is to give the employee notice of the basis of the charges against him, the information in the possession of the employer u o w i tee l e'd c i wl eb s d whether there are reasonable p n h h h mp y r e io ib a e , c o s sn l grounds to believe that the charges against the employee are true and support the proposed action, and to give the employee a meaningful opportunity to respond to the charges against him. The pre-termination hearing, though necessary and important, need not be an elaborate formal proceeding. It should, however, comply with the

Case 1:04-cv-01067-MSK-CBS

Document 117-9

Filed 05/26/2006

Page 2 of 2

fundamental principle underlying the concept of due process that an employee is entitled to fair and full notice of the basis of the charges against him, fair and full notice of the evidence against him or in his favor, and a fair opportunity to respond to the evidence against him or to know of and use any evidence that may weigh in his favor. Authority: Montgomery v. City of Ardmore, 365 F 3d 926, 937 (10th Cir. 2004) quoting West v. Grand County, 967 F. 2d 362, 368 (10th Cir. 1989); Pierce v. Gilchrist, 359 F.3d 1279 (10th Cir. 2004); DiBlasio v. Novello, 344 F.3d 292 (2d Cir. 2003); Moran v. Board of Police Commissioners, 296 F.3d 638 (8th Cir. 2002); Bishop v. Wood, 426 U.S. 341 (1976); Zinermon v. Burch, 494 U.S. 113 (1990); County of Sacramento v. Lewis, 523 U.S. 833 (1998); Cf., Parrat v. Taylor, 451 U.S. 527 (1981)..