No. 21-6173

Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs

Lower Court: New York
Docketed: 2021-11-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-03-18 (distributed 2 times)
Question Presented (AI Summary)

Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone, denying the accused workers the ability to face their accuser even when it is not clear that an actual accuser even exists, and if an accuser exists, the credibility and veracity of such accuser?

Question Presented (from Petition)

question presented in this case is: Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone (in over 95 percent of its adjudicatory hearings), denying the accused workers such as Petitioner here the ability to face their accuser even when it is not clear that an actual accuser even exists, and if an accuser exists, the credibility and veracity of such accuser?

Docket Entries

2022-03-21
Rehearing DENIED.
2022-02-23
DISTRIBUTED for Conference of 3/18/2022.
2022-02-04
Petition for Rehearing filed.
2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-03
Waiver of right of respondent New York State Justice Center for the Protection of People with Special Needs to respond filed.
2021-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2021)

Attorneys

New York State Justice Center for the Protection of People with Special Needs
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent
Rotimi Salu
Michael David Diederich Jr.361 Route 210, Petitioner
Michael David Diederich Jr.361 Route 210, Petitioner