Record contained sufficient evidence to support agency’s termination of plaintiff from his registered nurse position that required that he examine male patients for genital warts, where said termination was based on finding that plaintiff improperly manipulated patents’ penises with his hand and used crude language such as “pecker checker” and “dick doctor” when speaking to patients. While plaintiff argued that agency denied him due process rights by denying his request to have certain patients provide live testimony that they were comfortable with his medical techniques and language, no due process violation occurred, since request for live testimony would not have impact on agency’s finding that plaintiff’s techniques and language were unprofessional. Moreover, other testimony indicated that plaintiff’s technique in applying pressure to base of penis as means to better discover existence of genital warts was not necessary, and fact that plaintiff may have used such technique in similar position in military or that he had innocent subjective motivation for using such technique was irrelevant.
Federal 7th Circuit Court
Civil Court
Due Process