Con Law I: Procedural Law Roadmap PDF

Preview

Summary

Roadmap to Con Law I Essays...

Description

PROCEDURAL DUE PROCESS ROADMAP Triggers: Someone fired, suspended, punished, welfare, disability, “summarily” Sue Federal government, Congress under Amendment V: “No person shall…be deprived of life, liberty, or property without due process of law;…” Sue state, local government under Amendment XIV: “nor shall any state deprive any person of life, liberty, or property without due process of law;…” ***Purpose: An essential principle of due process is that a deprivation of life, liberty or property be preceded by notice and opportunity for hearing appropriate to the nature of the case. TWO PART PROCEDURAL DUE PROCESS TEST (1) What constitutes a “life,” “liberty,” or “property” interest that cannot be taken away by government without “due process of law? **Focus to identify substantive rights (life, liberty, or property) to assess whether the government’s procedures for taking them away are constitutionally adequate. -PROPERTY INTEREST: Property interest in governmental benefits derived from sources outside the Constitution, such as K and statutes. • Roth: In determining whether due process requirements should apply, look to: o Nature of the interest (not the weight as used in Goldberg) o Property interest not created by the Constitution, but from some independent source (such as letter of appointment, civil service law, document in a K, compulsory education laws) o Individual must have: ▪ More than an abstract need or desire for it ▪ More than a unilateral expectation of it ▪ A legitimate claim of entitlement • Perry: Rules or understandings can be implied from the government’s words or conduct in light of surrounding circumstances ! 10 year employment and faculty guide created property interest • Loudermill: Once a property interest is given by the state, procedural due process is required ! need not be elaborate but is necessary • Castle Rock v. Gonzalez: no property interest in police enforcement of restraining order because no monetary value ! discretionary entitlement -LIBERTY INTEREST: Expansive under substantial due process, narrowing under procedural. • Davis: Reputation alone, apart from some more tangible interest such as economic harm, is neither liberty nor property under procedural due process. Court ruled needs STIGMA PLUS. (2) Once due process is required, what sort of notice and opportunity to be heard constitutes due process? Are the pre-deprivation procedures sufficient to constitute due process? FACTORS COURT CONSIDERS TO DETERMINE TYPE OF PROCESS NECESSARY: (Eldridge) -(a) Private interest affected by the official action, and; (b) risk of an erroneous deprivation through the procedures used and probable value of additional or substantive procedures AGAINST -Government’s interest including: (a) function involved and (2) the fiscal and administrative burdens that the addition or substitute procedures would entail ADEQUACY OF POST-DEPRIVATION HEARING: Considerations (1) The liberty or property interest at stake is relatively minor, and (2) Either the risk or erroneous deprivation is low, or (3) The provision of a pre-deprivation hearing is impractical **Welfare v. Disability: See Goldberg, welfare based on financial need (erroneous deprivation would be more serious), see Eldridge, disability case (could have other means, potential deprivation of loss less) **Emergency: North American Cold Storage Co. (food not fit for human use constituted emergency so meats could be destroyed without prior hearing) **Student Dismissal: See Goss (student has property interest in economic value of getting an education and liberty interest in status in school community and whether it will be on record (stigma plus) so he is entitled to pre-suspension hearing) **Tort Remedy: See Ingraham (hearing not necessary before corporeal punishment in school)...