Procedural Due Process

Question 1

Fifth Amendment Due Process Clause

Answer 1

Applies to federal government

Provides that a person has a right to a fair process when the government deprives the person of life, liberty, or property
-Must be intentional or reckless government action (negligence insufficient)

Question 2

Fourteenth Amendment Due Process Clause

Answer 2

Applies to state governments

Provides that a person has a right to a fair process when the government deprives the person of life, liberty, or property
-Must be intentional or reckless government action (negligence insufficient)

Question 3

Liberty

Answer 3

A deprivation of liberty occurs if a person:
-Loses significant freedom of action; or
-Is denied a freedom provided by the Constitution or statute

Deprivation: loss of right to contract or gainful employment
Not: injury to reputation

Question 4

Property

Answer 4

Property includes personal, real property, and government benefits to which there is an entitlement
-A reasonable expectation of continued receipt under state or federal law

Examples: welfare benefits, public education, government licenses, and tenured government employment or term employment for its duration
Not: at-will employment

Question 5

Procedural Due Process Requirements

Answer 5

1. Notice
2. An opportunity to be heard; and
3. A neutral decisionmaker

Question 6

Notice (procedural due process)

Answer 6

The notice must be reasonably calculated to inform the person of deprivation

Question 7

Hearing (procedural due process)

Answer 7

Determined by balancing test that weighs:
-Important of the interest to the individual
-Value of specific procedural safeguards to that interest
AGAINST
-Government interest in fiscal and administrative efficiency

Claimant should be given a pre-deprivation hearing unless it would be impracticable

Question 8

Neutral Decisionmaker (procedural due process)

Answer 8

The decisionmaker cannot have actual bias or a serious risk of bias
-A judge with a personal financial interest in the case

Question 9

Indigent Plaintiffs (procedural due process)

Answer 9

Government fees that would deny a fundamental right to the indigent must be waived