Brief #1 - Nicole Crowell Business Law Brief#1 and 2 Case...

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Nicole Crowell Business Law November 10, 2009 Brief #1 and 2 Case : Davis v. Scherer, (1984) Facts : A man, who resigned from a state agency, due to a “to avoid further harassment and to remove a cloud over his employability", requested monetary damages from the state claiming that his due process clause of the 14 th amendment. Issue : Is the Florida Civil Service Statue Unconstitutional? Holding :The statue is unconstitutional because the dismisal was constitutionally “inadequate” under the 14 th Amendment. Majority Reasoning : (A. Rule) The State of Florida maintained that there was no need for a pretermination or post terminination meeting. The court rejects Florida’s request for immunity, stating that their belief in the legality of their conduct was unreasonable and they were not entitled to qualified immunity. 1. A plantiff’s request for monetary damages can may defeat the defendant’s if the plantiff can prove that theose rights were clearly established at the time of conduct.
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