Fifth Amendment Due Process Clause
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)
Fourteenth Amendment Due Process Clause
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)
Liberty
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
Property
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
Procedural Due Process Requirements
- Notice
- An opportunity to be heard; and
- A neutral decisionmaker
Notice (procedural due process)
The notice must be reasonably calculated to inform the person of deprivation
Hearing (procedural due process)
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
Neutral Decisionmaker (procedural due process)
The decisionmaker cannot have actual bias or a serious risk of bias
-A judge with a personal financial interest in the case
Indigent Plaintiffs (procedural due process)
Government fees that would deny a fundamental right to the indigent must be waived
