DIEBOLD v. CIVIL SERVICE COMMISSION, ETC.

No. 79-1192.

611 F.2d 697 (1979)

Roy F. DIEBOLD, Appellant, v. CIVIL SERVICE COMMISSION OF ST. LOUIS COUNTY, etc., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1979.


Attorney(s) appearing for the Case

Stephen J. Nangle, Clayton, Mo., for appellant.

Dennis C. Affolter, Asst. County Counselor, Clayton, Mo., for appellees; Thomas W. Wehrle, St. Louis County Counselor, Clayton, Mo., on brief.

Before ROSS and STEPHENSON, Circuit Judges, and McMANUS, District Judge.


ROSS, Circuit Judge.

This appeal poses the difficult constitutional question of whether an indicted individual's fifth amendment privilege against self-incrimination is threatened if he must participate in an administrative proceeding, as the sole means of contesting the loss of his job, which involves consideration of matters related to or similar to those for which a criminal indictment has been issued. Even where, as here, the accused employee is free to assert...

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