PROCEDURAL DUE PROCESS Flashcards
BASIC PRINCIPLE
- DPCs of 5th Amend (fed gov) & 14th Amend (states) provide that gov shall not take a person’s life, liberty, or property w/o due process of law.
- Due process contemplates fair process/procedure, which requires at least an opportunity to present objections to the proposed action to a fair, neutral decisionmaker (not necessarily a judge).
When Is Individualized Adjudication Required?
- There is a right to procedural due process only when gov acts to deprive an INDIVIDUAL of life, liberty, or property (see below).
- There is no right to individualized adjudication when gov acts GENERALLY, even if action will result in
burdening individuals’ life, liberty, or property interests.
Intentional Deprivation vs. Negligent Deprivation
- Gov NEGLIGENCE is INSUFFICIENT to state a procedural due process claim.
- There generally must be an INTENTIONAL/RECKLESS gov action.
- EX. cases finding no procedural due process violation where the alleged negligence of prison officials caused physical injury to inmates
“Deprivation”
- A “deprivation” of life, liberty, or property requires more than a mere denial of certain kinds of remedies
- Only when gov affords NO REMEDY/INADEQUATE remedies may a deprivation of life, liberty, or property result.
Fair, Neutral Decisionmaker—Judge Bias
- DPC requires a judge to recuse himself when he has actual bias (eX. he has a direct, personal, substantial, pecuniary interest in a case) or when there is merely a serious risk of actual bias.
- A serious risk of actual bias exists when “under a realistic appraisal of psychological tendencies & human weakness,” the judge’s interest poses such a risk of actual bias/prejudice that it must be forbidden.
Protection vs. Creation
- DPCs do not create property/liberty interests; their purpose is to provide procedural safeguards against arbitrary deprivation.
- Hence, 14th Amend DPC does not, for ex, give out-of-state attorneys right to appear in state cts w/o meeting a state’s bar admission requirements.
IS LIFE, LIBERTY, OR PROPERTY BEING TAKEN?
- Older SC cases indicated that due process protects “rights,” but not “privileges.”
- This approach is no longer followed
- Ct will determine whether a legitimate liberty/ property interest is being taken.
Liberty
- “Liberty” is not specifically defined.
- It includes more than just freedom from bodily restraints (ex. right to K & engage in gainful employment).
- A deprivation of liberty occurs if a person:
(i) Loses significant freedom of action; or
(ii) Is denied a freedom provided by Constit/statute.
Examples of liberty interests include: Commitment to Mental Institution: Adults
- Adults are entitled to an adversary hearing b/f being indefinitely committed to a mental institution against their will.
- The state must prove basis for commitment by “clear & convincing” evidence.
- However, after a person has been acquitted of criminal charges on basis of insanity defense, acquitted D can be committed if a ct finds by a “preponderance of the evidence” the person should be committed to a mental health care facility.
Minor Children
- Minor children have a substantial liberty interest in not being confined unnecessarily for medical treatment.
- Thus, they are entitled to a screening by a “neutral factfinder” b/f commitment to a mental institution.
- Mere parental consent: not enough
Injury to Reputation
- Injury to reputation in itself is not a deprivation of liberty or property.
- However, if governmental acts (like statement of reasons given for termination of public employment) so injure a person’s reputation that he will have lost significant employment/associational opportunities, there is a loss of liberty.
Exercise of Fundamental Constitutional Rights
- DPC protects person’s freedom to engage in activities that involve fundamental constitutional rights, (ex. right to speak & associate, right to travel, & right to vote).
Application—Gov Employee’s Freedom of Speech
- Public employee may not be discharged for engaging in constitutionally protected speech.
- If a gov employee is discharged for speech/ writing, a hearing must be held to determine if speech was protected.
- If so, employee cannot be fired.
- Ex. Ct held that teacher could not be fired for privately communicating her grievances about working conditions/ opinions concerning public issues to her employer
Property
- “Property” includes more than personal belongings & realty, chattels, or money, but an abstract need/desire for (or unilateral expectation of) the benefit is not enough.
- There must be a legit claim/“entitlement” to benefit under state/federal law.
- Exs: public education, welfare benefits, continued public employment
Public Education
- Property interest in public education when school attendance is required.
- Thus, a significant suspension (ex. 10 days) requires procedural due process.
Welfare Benefits
- Property interest in welfare benefits if she has previously been determined to meet statutory criteria