Smith v. Tennessee Dept. of Health

VOID FOR VAGUENESS ISSUES UNDER THE 14th AMENDMENT IN ADMINISTRATIVE DISCIPLINE CASES IN STATE LAW

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THE ADMINISTRATIVE DEPARTMENT PRESENTED NO SUBSTANTIAL AND NO MATERIAL EVIDENCE TO SUPPORT A FINDING THAT ANY STATE LAW AUTHORITY WAS VIOLATED BY THE STATE GOVERNMENT EMPLOYEE SO AS TO JUSTIFY DISCIPLINARY ACTION

THE ADMINISTRATIVE DEPARTMENT FAILED TO ENFORCE PROGRESSIVE DISCIPLINE WHEN IT IMPOSED A LESSER PENALTY ON ONE SUPERVISOR INVOLVED AND NO DISCIPLINE ON THE OTHER SUPERVISOR

THE ADMINISTRATIVE DEPARTMENT VIOLATED PETITIONER’S DUE PROCESS RIGHTS BY FAILING TO GIVE PROPER NOTICE OF THE CHARGES AND BY DEFINING CONFIDENTIALITY IN A VAGUE AND OVERBROAD MANNER

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Published In: Administrative Agency Updates, Constitutional Law Updates, Labor & Employment Updates

Reference Info:Appellate Brief | State, 6th Circuit, Tennessee | United States