Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 117-17

Filed 05/26/2006

Page 1 of 1

P AN IFSC MP TN INSTRUCTION NO. 42 L ITF ' O E IG In order for you to determine whether a procedural due process violation has occurred, you must consider the entire spectrum of pre-deprivation and post-deprivation process provided by the City. When the government refuses to provide a process sufficient to remedy a deprivation of property or liberty, a constitutional procedural due process violation occurs. Thus, in order for Plaintiff to prevail on his denial of procedural due process claim, he must demonstrate that the procedures available to him through administrative appeals were inadequate to remedy any alleged procedural deprivation of his property or liberty interest in his employment or career as a Denver Firefighter.

Authority: Zinermon v. Burch, 494 U.S. 113, 125-26 (1990) Collyer v. Darling, 98 F 3d 211, 226-227 (6th Cir.) cert. denied, 520 U.S.1267 (1997) McKinney v. Tate, 20 F.3d 1550, 1557 (11th Cir. 1994), cert. denied, sub nom McKinney v O c o , d O C u t C mm' .513 U.S. 1110 (1998) . se l B . f o ny o r , a s