Due Process Hearing satisfied through Grievance and Article 78
Pinder v. City of
Plaintiff sued under 42 USC 1983 for damages of violations of Due Process and Employment Discrimination under Executive Law sect 296. The First Department dismissed the complaint and held that Plaintiff was a non-tenured paraprofessional without property rights in her position.
Plaintiff had not proven that there was a “stigma-plus” due process claim as there was no proof that the reasons for her discharge was published to prospective employers. Finally, the Court wrote that due process was satisfied when the Plaintiff used the CBA’s grievance procedure and an filed an Article 78 petition.
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