Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 117-14

Filed 05/26/2006

Page 1 of 1

P AN IFSC MP TN INSTRUCTION NO. 40 L ITF ' O E IG In assessing whether the hearing officer and Civil Service Commission was biased or not impartial for purposes of determining whether there was a posttermination procedural due process violation, there is a presumption in the law of honesty and integrity in those serving as adjudicators. Procedural due process is violated only when the evidence of a biased decision maker is intolerably high under the circumstances of the particular case. There must be some substantial reason to conclude that the decision maker, the Denver Civil Service Commission hearing officer or the Civil Service Commission itself was biased against Plaintiff and did not fairly consider all facts or legal principles that were in his favor in adjudicating his rights. Authority: Withrow v. Larkin, 421 U.S. 35, 47, 58 (1975). Mangels v. Pena, 789 F.3d 36, 838 (10th Cir. 1986).