DP

Question 1

Termination of State Employees

Answer 1

Public employees have a property interest in their jobs if they
(1) have an ongoing employment contract,
(2) can only be fired for cause, **or **
(3) receive assurances of continued employment.
meaning ==> **entitled to notice of termination and a pre-termination opportunity to respond. **
==> A formal pre-termination hearing, however, is not required.

In a due process claim,** the challenging party has the initial burden of showing that he/she has a protected life, liberty, or property interest at stake.**

If there is a significant reason for immediately removing a “for-cause” employee from the job, a prompt post-termination hearing with reinstatement and back pay if the employee prevails constitutes sufficient due process

Property interest in employment exists where employee (1) has an ongoing employment contract, (2) can only be fired for cause, or (3) receives assurances of continued employment.

Question 1

Private Cos

DP Scope

Answer 1

In order for a person to successfully assert a violation of her procedural due process rights, the violation must be committed by a state actor or by a private person who is treated as a state actor (there must be “state action”).

Public regulation of a private entity, even an entity that has a monopoly with regard to the delivery of its product or service, is not sufficient

Question 2

What rights get SS?

Answer 2

Impacts fundamental right (First VIP):

First Amendment rights
Voting
Interstate travel
Privacy

Privacy = including marriage, sexual relations, child rearing, and the right of **related **persons to live together

While reasonable residency restrictions may be imposed on the receipt of some governmental benefits, durational residency requirements burden the right to interstate travel when they deny basic necessities of life to newcomers of the state

Question 3

Property Interest x benefits

Answer 3

The Fifth Amendment due process clause requires that the federal government provide an individual with notice and a meaningful opportunity to be heard when it deprives that individual of life, liberty, or property.

Under this clause, a property interest exists when an individual is legally entitled to a benefit—but** mere anticipation of (or need for) a benefit does not create a protected interest.**