Re:A SWAT team blew a hole in my 2-year-old son
by berberous on Tuesday June 24, 2014 @02:55PM
(#7939714)
When the parent says "adjudicated" he does not mean one needs to go through a criminal proceeding. If there is a property interest involved[1], the government cannot deprive you of it without due process. The level of process can vary depending on a balancing test and the facts involved, but usually will require some sort of notice and pre-deprivation hearing.
[1] An at-will employee will not have a property interest, but a government employee with a contract will.
The government isn't actually required to provide 'due processes' unless someone is being deprived of their life or livlihood.
That is to say, I don't believe employees of any stripe (government included) need to go through criminal processing before being suspended or fired.
More so, I'm not a lawyer, but I'm not sure what the specifics of 'due process' are. Simply, any non-arbitrary written policy can be considered a due processes. Its' how boarder guards can get away with harassing people when they step out of line at the TSA.