No. 20-7443

Rotimi Salu, et al. v. Denise Miranda, et al.

Lower Court: Second Circuit
Docketed: 2021-03-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment administrative-procedure administrative-review confrontation-clause due-process employment-termination healthcare-workers hearsay-evidence state-agency state-agency-adjudication
Latest Conference: 2021-05-13
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Due-process-rights-of-healthcare-workers

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-03-17
Waiver of right of respondents New York State Justice Center, Devane, Miranda, Molik, Renzi, Rocco to respond filed.
2021-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)

Attorneys

New York State Justice Center, Devane, Miranda, Molik, Renzi, Rocco
Barbara Dale UnderwoodSolicitor General, Respondent
Rotimi Salu, et al.
Michael David Diederich Jr.Diederich Law Office, Petitioner