Procedural Due Process

Question 1

Procedural Due Process

Answer 1

triggered when the govt tries to deprive life, liberty, or property. There must be due process in front of a neutral decision maker

Question 2

Intent and Procedural Due Process

Answer 2

Negligence is not a deliberate deprivation of liberty.
Recklessnes is not a deprivation
There must be an intent to cause harm

Question 3

Govt failure to protect a deprivation

Answer 3

DPC prevents the govt from depriving rights; no affirmative right that is given through DPC

People must have a legit claim of entitlement to property. A benefit is not a protected entitlement if govt has discretion to grant or deny
Must show that govt intentionally and deliberately brought about the injury or that there was special relationship whereby the ward of the state cannot take care of themselves.

Question 4

Is there a deprivation of life, liberty, or property

Answer 4

If govt sets up public programs and the people come to rely on them, then they become property/liberty rights and not just privileges. There must be a legit claim
People need to have the opportunity for an evidentiary hearing
Liberty interest in education and reputation, but reputation isn’t enough to uphold DPC on its own.
Prisoner’s “good time credits” are a liberty interest. difference between min/max prisons doesn’t trigger interest (but transfer to mental institution is)

Question 5

Mathews Test

Answer 5

1) Look at how private interests will be affected by official action
2) Look at risk of erroneous deprivation of interest through procedures
3) Look at govt interest, including fxn and fiscal/admin burdens that additional procedural requirements would entail
- risk of deprivation lessened by more objective standards (like medical reports
- Govt money is a factor to consider