Procedural Due Process

Question 1

What question does the PDP analysis ask?

Answer 1

Has there been a deprivation of life, liberty, or property?

Question 2

What is a deprivation of liberty?

Answer 2

A deprivation of liberty occurs if there is the loss of a significant freedom provided by the Constitution or a statute

Example: Except in an emergency, before an adult can be institutionalized, there must be notice of the hearing and a hearing

Question 3

What is a depravation of Property

Answer 3

A deprivation of property occurs if there is an entitlement, and that entitlement is not fulfilled

Entitlement: Reasonable expectation of continued receipt of a benefit

Question 4

Depravation of PDP by government negligence

Answer 4

Government negligence is not sufficient for a deprivation of due process. There must be INTENTIONAL government action or at least reckless action for liability to exist.

Question 5

Depriving PDP in Emergency Situations

Answer 5

In emergency situations, the government is liable under due process only if its conduct “shocks the conscience.”

Question 6

PDP Balancing Test

Answer 6

• The importance of the interest to the individual
• The ability of additional procedures to increase the accuracy of the fact-finding
• The government’s interests