Procedural Due Process

Is there a fundamental right?

Right to marry, reproductive autonomy, parental rights, right to travel, right to vote, right to refuse medical treatment, right to access courts, right to privacy, right against forced labor

Procedural due process rule statement

The requirement that the government not deprive a person of life, liberty, or property without, at a minimum, notice and an opportunity to be heard by a neutral decision-maker

Property interest

a person is deprived of property, money, or some other benefit to which they have a legitimate claim or entitlement under state or federal law

at-will employment not included

Legitimate Claim of Entitlement

arises from statute, a regulation, or a clearly established government policy

Liberty interest

occurs if a person 1) loses significant freedom of movement or 2) is denied a fundamental right

Includes reputation + employment, freedom from bodily restraint, and parental rights

Process due

Due process requires notice and an opportunity to be heard. The court will use the Mathews v. Eldridge test to determine if the deprivation procedure provided due process

Mathews v. Eldridge test

1) Interest being deprived

2) whether current procedures risk an unfair deprivation/can additional procedures reduce the risk

3) Government costs and burdens of the additional procedures

What constitutes a deprivation?

must “shock the conscience” (County of Sacramento v. Lewis)

Negligence is insufficient (Daniels v. Williams)

Goldberg v. Kelly

Due process requires a pre-termination evidentiary hearing before welfare benefits are cut off

Rights/privileges ended with this

Mathews v. Eldridge

Termination of disability benefits does not require an evidentiary hearing before termination, as written submissions suffice

Goss v. Lopez

Students must receive notice and an opportunity to be heard before short-term suspensions

Deshaney v. Winnebago County

No affirmative state duty to protect individuals from private harms

To state a valid claim for a violation of an individual’s procedural due process rights there must be:

1) a government action that deprives someone of 2) a protected life, liberty, or property interest 3) without sufficient process or procedural protections for that interest

Test for determining new implied fundamental rights

Has the right been carefully described and is deeply rooted in the United States history and tradition

Legislative determinations

When legislatures engage in general (wholesale) lawmaking, due process protections do not attach

14th amendment

Applies to state’s deprivation

5th amendment

Applies to federal deprivation

What decision trigger procedural due process

Adjudicative

What actors trigger due process?

State not private