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Firefighter’s Parents Lose Due Process Claim

DENVER (CN) - A speeding deputy sheriff did not violate due process by causing a fatal accident with a volunteer firefighter while both were responding to emergency calls, the 10th Circuit ruled.

The parents of firefighter Jared Moore claimed that a police department policy prohibiting deputies from driving more than 10 miles per hour over the speed limit "created protected liberty and property interests" for their son. They claimed that when Deputy Robert Peterman violated the policy by speeding, he deprived Moore of those rights without due process.

Judge Hartz said it would have been impractical to give the firefighter notice and a hearing. Due process was served with the opportunity to bring a state-law tort complaint after Moore's death. See ruling.

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