[DOWNLOAD] "Endler V. Schutzbank" by Supreme Court Of California In Bank # eBook PDF Kindle ePub Free
eBook details
- Title: Endler V. Schutzbank
- Author : Supreme Court Of California In Bank
- Release Date : January 26, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
TOBRINER, J. After nearly 15 years in the finance business, plaintiff finds himself unable to obtain employment in his chosen field because the Commissioner of Corporations, having labelled him a criminal on the basis of unproved accusations, threatens disciplinary action against anyone who might employ him. Plaintiff seeks an opportunity to confront his accusers and to defend his innocence; he urges that, until his guilt has been adjudicated in proper proceedings, the Constitution guarantees his right to pursue a lawful occupation unburdened by an official badge of criminality. We hold that the alleged conduct of the commissioner, rendering the plaintiff unemployable without affording him a full hearing on the charges against him, transgresses the fundamental principle that the state may deprive no man of liberty or property without due process of law. Accordingly, we conclude that the plaintiff has stated a case for declaratory and injunctive relief and that the trial court erred in dismissing his complaint upon the commissioner's general demurrer.
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