Patrick R. Gorham v. Androscoggin County et al.
Annotate this CaseAppellant, a former corrections officer, was dismissed after an administrative hearing on November 4, 2009. On November 18, the commissioners issued their written decision which containted their findings and rationale. On December 18, the appellant filed a compliant asserting a due process claim pursuant to 42 U.S.C. 1983 and a wrongful termination claim pursuant to 30-A M.R.S. 501(3)(A). At issue was what constitutes “notice of any action” to trigger M.R. Civ. P. 80B(b)’s 30-day time limit for filing an administrative appeal. The Supreme Court vacated and remanded the lower court’s dismissal of appellant’s due process and wrongful termination claims as untimely, holding that Rule 80B(b)’s time limit for seeking review of a decision to dismiss an employee does not commence until the employee receives a written decision of the county commissioners or personnel board. The Court also held that because appellant did not have an opportunity to address his suspension before he was terminated, direct review pursuant to Rule 80B(b) would not provide an adequate remedy for appellant’s Section 1983 claim; therefore, denial of appellant’s right to due process of law was independent of his administrative appeal.
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