The dismissal of a complaint filed by a terminated employee of the Michigan Department of Corrections should be upheld because a hearing before a neutral arbitrator satisfied due process requirements, the 6th U.S. Circuit Court of Appeals has decided.
The plaintiff was fired from his job as a correctional officer with the Michigan Department of Corrections after a coworker accused him of making harassing comments. The plaintiff challenged that decision by invoking his collectively bargained right to arbitration. A three-day arbitration hearing was held. At the hearing, MDOC’s discipline coordinator, testified that MDOC applied its recently updated employee policies to the plaintiff, which took a more stringent approach to harassment allegations. A few months later, on March 1, 2021, the arbitrator issued a ruling in favor of MDOC. The plaintiff then sued under 42 U.S.C. §1983, claiming a violation of his procedural due process rights.
“Even had the claim been timely, we would likewise agree with the district court that [the plaintiff] failed to state a procedural due process claim, the lone theory from his complaint that he attempts to resurrect on appeal. … The parties agree that [the plaintiff] had a protected property interest in his employment. That leaves us to resolve whether he plausibly alleged ‘inadequate process,’” Judge Chad A. Readler wrote for a three-judge 6th Circuit panel.
“Following his termination, [the plaintiff] invoked his right to arbitration per...
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