Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 117-13

Filed 05/26/2006

Page 1 of 1

P AN IFSC MP TN INSTRUCTION NO. 39 L ITF ' O E IG Plaintiff also claims that the Defendant, The City and County of Denver violated §1983 of Title 42 of the United States Code by denying him due process of law after his termination, referred to as post-termination due process. In order to prevail on his claim of denial of post-termination due process Plaintiff must prove he did not have a posttermination hearing with the following rights: 1. 2. 3. To confront and cross-examine witnesses of the City against him. To be represented by counsel. To have the opportunity to present testimony and evidence on his own behalf. 4. To have the hearing before an unbiased and impartial hearing officer or decision maker. 5. An adequate remedy for any losses suffered as the result of any violation of his rights determined to have occurred. If you find that the post-termination process afforded to Plaintiff by the City did not meet these requirements, your verdict must be for Plaintiff on his claim that he was denied post-termination due process. Due process requires that Plaintiff have a meaningful opportunity to present his claim and gain relief for any violation of his rights. Authority: Ferraro v. Board of Trustees, ___ F.3d ___, 2001 10CIR 1341, Case No. 003261 (10th Cir. 2001); Mitchell v. Moore, 218 F.3d 1190 (10th Cir. 2000); Lovingier v. City of Black Hawk, 198 F.3d 258, 1999 U.S.App. LEXIS 29752 (10th Cir. 1999); Workman v. Jordan, 32 F.3d 475 (10th Cir. 1994); Archuleta v. Colorado Dept. of Institutions, 936 F.2d 483 (10th Cir. 1991); Workman v. Jordan, 32 F.3d 475, 480 (10th Cir.) cert. denied, 514 U.S 1015 (1995); Mangels v. Pena, 789, F.2d 836, 838 (10th Cir. 1986); American National Bank and Trust v. City of Chicago, 826 F. 2d 1547, 1550 (7th Cir) cert denied, 484 U.S. 977 (1987).