Is this a violation of due process?

NMNeil

New Member
I was a Detective at a New Mexico police department. A superior made a formal complaint against me which later led to my demotion from Detective to Officer and 8 days of unpaid suspension.
The superior was also in charge of internal affairs.
The chief of police assigned this superior to investigate the complaint he had made against me. I sent a letter to the chief citing conflict of interest. The chief allowed the superior to continue his investigations even after he had received the letter.
I was never allowed a formal hearing I was just interviewed by the superior and eventually by a different superior, never the chief. I then had a brief determination hearing with the city manager who upheld the findings of the 'investigation'. The city manager gave no reason, just that he upheld the findings.
Does this violate the due process clause requiring a fair and impartial adjudicator?

And yes, there is a lot more to this case.
 
Does this violate the due process clause requiring a fair and impartial adjudicator?

I don't have a legal opinion but it sure doesn't pass the smell test.

Didn't you have a union to handle this for you?

If not, I suggest you get yourself an attorney and review your options.

Quietly, as the down side to litigating against your city is likely the end of your career.
 
I don't have a legal opinion but it sure doesn't pass the smell test.

Didn't you have a union to handle this for you?

If not, I suggest you get yourself an attorney and review your options.

Quietly, as the down side to litigating against your city is likely the end of your career.
 
As I said there's more to this story.
The superior was a sergent at the time. After my suspension he was promoted to patrol commander, where he would be my immediate supervisor. Seeing the writing on the wall I quit.
As for the union and attorneys. The police union only managed to get the department the worst pay and highest pension contributions in the state, so I declined their offer to join. I did hire an attorney who despite his claims that he was actively working on my case suddenly announced that during the past 18 months he had in fact done absolutely nothing except file a tort claim, and now no longer wished to represent me. Yes, i lodged a formal complaint against him, but I'm getting close to the statute of limitations so I'm going to file pro se.
 
I'm getting close to the statute of limitations so I'm going to file pro se.

I suggest you google New Mexico Tort Claims and learn all you can.

Going up against the city's attorneys without one of your own is like bringing a rubber knife to a gunfight.
 
Back
Top