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(Download) "Kansas Dept. of Srs v. Goertzen" by Supreme Court of Kansas * Book PDF Kindle ePub Free

Kansas Dept. of Srs v. Goertzen

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eBook details

  • Title: Kansas Dept. of Srs v. Goertzen
  • Author : Supreme Court of Kansas
  • Release Date : January 08, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

The opinion of the court was delivered by This is a direct appeal by the Kansas State Department of
Social and Rehabilitation Services (SRS) from the decision by the
district court on September 8, 1988, awarding
[245 Kan. 768]
Albert Goertzen $146,278 in back wages for the period following
his demotion on August 9, 1971, until his death on January 10,
1981, for the failure to provide him a due process hearing. This
case was previously before this court in Goertzen v. State
Department of Social & Rehabilitation Services, 218 Kan. 313,
543 P.2d 996 (1975). On December 13, 1975, this court remanded
the case in order for the civil service board (Board) to hold a
due process hearing to consider the reasonableness of the
demotion and to take "other appropriate action." This hearing was
finally conducted on November 6, 1986. The Board found the
demotion reasonable but awarded $25.35 in damages for failure to
provide a timely due process hearing. On appeal, the district
court calculated damages based upon the wages Albert Goertzen
would have earned from the time of the violation of his due
process rights by failure to provide a hearing until the time of
his death almost ten years later.


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