Rotimi Salu, et al. v. Denise Miranda, et al.
1. By declining inquiry into a State agency's denial of due process to accused healthcare workers (e.g., the Petitioners), but instead deferring to the State court's "article 78" administrative review procedures, did the Circuit Court abrogate its responsibility to protect the workers' due process right to a pre-determination hearing, and right to confront the evidence against them at the much-later administrative appeal hearing?
2. Does a state agency violate the due process clause of the 14th Amendment by routinely adjudicating health care workers as guilty of abuse or neglect without affording them any kind of pre-determination hearing, with the agency adjudication usually resulting in immediate termination of the workers' employment?
3. Does it violate due process for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone (in about 97 percent of their adjudicatory hearings), denying healthcare workers the ability to face their accusers even when witnesses credibility is at issue?
Due-process-rights-of-healthcare-workers