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Edward O. Emanuel Plaintiff-Appellee
vs.
City of Columbus Ohio Recreation and Parks Department James W. Barney Wayne Roberts and Susie Wells Defendants-Appellants.
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Issues:
Due process, public employee, policy and procedure, Fourteenth Amendment, supervisor liability.
Case Summary:
Several department supervisors for the City of Columbus appeal a trial court's ruling that holds them personally liable for violating the civil rights of a terminated employee. Edward Emanuel was terminated from his job for failing to report to work. Emanuel was absent because he was serving time in the county jail for an unrelated incident. He contends he made a good faith effort to notify his employers of his detention. A relative failed to forward his message to his supervisors, Emanuel explains. Emanuel claims that his supervisor denied him due process in the issue by failing to provide him a pre-termination hearing.
Decision of lower jurisdiction:
The Franklin County Court of Common Pleas ruled that Emanuel's rights had been violated. The court determined that one of Emanuel's supervisor's was personally liable for violating Emanuel's right to due process. The court noted the supervisor failed to offer the worker a pre-termination or a post-termination hearing. The city now appeals.
Outcome:
Emanuel loses. The Appellate Court for the 10th District ruled that the trial court erred in finding the supervisor personally liable. The court reversed and remanded the case back to the trial court for further action.