Lefford v. McCall

916 F. Supp. 150, 1996 U.S. Dist. LEXIS 1417, 1996 WL 54315
CourtDistrict Court, N.D. New York
DecidedFebruary 2, 1996
DocketNo. 94-CV-0748
StatusPublished
Cited by35 cases

This text of 916 F. Supp. 150 (Lefford v. McCall) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lefford v. McCall, 916 F. Supp. 150, 1996 U.S. Dist. LEXIS 1417, 1996 WL 54315 (N.D.N.Y. 1996).

Opinion

MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

I. BACKGROUND

Plaintiff Gary Lefford commenced this action by filing a complaint on June 9, 1994, wherein he alleged that defendants revoked his disability pension without due process in violation of the 14th Amendment. Defendants countered, inter alia, that plaintiff improperly obtained approval for the pension because he is not actually disabled. The Court subsequently addressed cross-motions for summary judgment by all parties and rendered a decision from the bench that was memorialized in an Order dated February 5, 1995. In that Order, the Court granted partial summary judgment in favor of plaintiff and against defendants H. Carl McCall and the New York State Local Retirement Systems (“State Defendants”); denied the motion by State Defendants against plaintiff; and granted summary judgment in favor of defendants Frederick Anderson, Richard Kimball, the City Council of the City of Jamestown, and the City of Jamestown (“Jamestown Defendants”).

[153]*153Based on its findings, the Court ordered State Defendants to “hold a hearing at which the said defendants shall bear the burden of demonstrating that plaintiff Gary Lefford improperly obtained approval for a performance of duty disability retirement allowance.” Finally, the Court directed that the hearing be held within thirty days of service on State Defendants of the Order and that a decision be rendered.within thirty days of the conclusion of the hearing. A hearing was in fact held by State Defendants on February 17, 1995, but because of several adjournments it was not completed until May 26, 1995. A Decision finally was rendered on June 21, 1995, in which the Hearing Officer determined that plaintiff “is not permanently incapacitated for the performance of his duties ... and the prior approval of a ... benefit was improperly obtained by him.” Plaintiff now moves to have the hearing of February 17-May 26,1995, declared null and void and to have his disability pension benefits reinstated.

II. DISCUSSION

A POWER OF REVIEW

As an initial matter, the Court is disturbed to find itself reviewing a state administrative decision such as the one at issue, would not ordinarily do so, and is reluctant to do so here. However, it is well-settled that federal courts “have the power, and the duty, to make their intervention effective.” Smith v. Sullivan, 611 F.2d 1039, 1044 (5th Cir.1980). As a result, once a constitutional violation has been proved a court may, if necessary, exert its equitable power to prevent repetition of the violation. Ruiz v. Estelle, 679 F.2d 1115, 1156 (5th Cir.1982). In this case, plaintiff already has established in this Court that defendants have committed a constitutional violation against him, in the form of a denial of his due process. The Court consequently has both the power and the duty to examine plaintiffs motion and State Defendants’ procedures to ensure that no further violation of plaintiffs rights has occurred.

B. DUE PROCESS ANALYSIS

In general, the Court’s prior Order directed State Defendants to provide plaintiff with due process before they revoked his benefits. Thus the issue on this motion is whether the hearing granted to plaintiff actually represents “due process.” Admittedly, the Court’s Order failed to specify exactly what procedures were required of defendants because it merely stated that they provide a hearing at which they would bear the burden of proof.1 Defendants are not laymen, however, and certainly were aware that this incomplete guidance did not free them to implement any procedure as long as it arguably could be categorized as a “hearing.” They still were required, as they always are, to ensure that the process afforded plaintiff adequately protected his rights in two ways— first, through a proper hearing, and second, through sufficient evidence adduced at that hearing.2

1. Hearing Procedures

The Court addressed the first issue to a certain extent in its 'bench decision preceding the Order of February 5, 1995, but will do so again here. The Supreme Court consistently has held that, absent the necessity of quick action by the state, “some kind of hearing” is required before an individual is [154]*154finally deprived of a property interest. See, e.g., Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542, 105 S.Ct. 1487, 1493, 84 L.Ed.2d 494 (1985). Moreover, the “fundamental fairness” requirement of due process represents the opportunity to be heard “at a meaningful time and in a meaningful manner.” Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 902, 47 L.Ed.2d 18 (1976). Despite these admonitions, due process “remains a flexible concept ... and calls only for such procedural protection as the particular situation demands.” Moore v. Warwick Pub. Sch. Dist. No. 29, 794 F.2d 322, 327 (8th Cir.1986).

Resolution of the issues of what process is due and whether a particular procedure is constitutionally sufficient requires analysis of the governmental and private interests that are affected. As the Supreme Court stated in Mathews,

identification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail.

Id., 424 U.S. at 335, 96 S.Ct. at 903. This three-factor balancing test has long been the standard under which procedural due process claims have been scrutinized. Moore, 794 F.2d at 327.

The ultimate result of applying the Mathews test has been, in most cases, “the requirement of some kind of pre-deprivation hearing.” Moore, 794 F.2d at 327. Such was the result achieved when the Court applied the test to this case before. But the typical hearing, though necessary, need not be elaborate. Loudermill, 470 U.S. at 546, 105 S.Ct. at 1495. Nor must it conform to any ostensibly applicable state procedural regulations, because courts have taken pains to distinguish between the mandates of state regulations and the requirements of federal due process. Bolden v. Alston, 810 F.2d 353, 358 (2d Cir.), cert. denied, 484 U.S. 896, 108 S.Ct. 229, 98 L.Ed.2d 188 (1987).

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916 F. Supp. 150, 1996 U.S. Dist. LEXIS 1417, 1996 WL 54315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lefford-v-mccall-nynd-1996.