
Fact Pattern 4-1
Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison finds Martin quite annoying. The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard. Allison fires Martin on the spot. Martin tells Allison that he has been studying constitutional law, and that she is guilty of violating not only his due process rights but his equal protection rights as well. Martin says that he was entitled to a hearing before any disciplinary action was taken, and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best. Martin says that he is filing suit tomorrow.
-Refer to Fact Pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the due process clause of the U.S.Constitution?
A) Martin will win only if he can establish that the law firm has at least one governmental client.
B) Martin will win if he can establish that all other secretaries fired within at least the last year were given a hearing before termination.
C) Martin will win if he can establish that at least one secretary fired within the last year was given a hearing before termination.
D) Martin will lose because no governmental action was involved.
Correct Answer:
Verified
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