Guerrero v. New Jersey

643 F.2d 148 (3rd Cir. 1981)

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Nature of the Case

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Facts

P was found guilty of gross medical malpractice by D. P's case was heard by an administrative law judge who then filed a written decision with D containing findings of fact and conclusions of law. P's counsel filed written exceptions to the ALJ's factual findings and legal conclusions, appending excerpts from the hearing transcript. D then adopted the ALJ's decision 'in its entirety and without modification' although it did, in fact, modify the recommended sanction. P appealed the decision claiming a violation of due process from D's failure to take evidence and hear testimony which P claims deprived him of a meaningful right to be heard. The court dismissed P’s complaint, and P appealed.