Procedural Due Process Flashcards
What is a deprivation of liberty?
A loss of significant freedom of action or denial of a constitutional freedom
What is the 3-part balancing test that determines the extent of required procedures?
1) Importance of interest to individual 2) Value of specific procedural safeguards 3) Government interest in fiscal and administrative efficiency
When is a federal or state benefit considered “property” under DPC?
When there is a legitimate claim or entitlement
What type of process is required for denial of welfare benefits?
Prior notice and prior evidentiary hearing
What type of process is required for denial of disability benefits?
Prior notice and opportunity to respond, and subsequent evidentiary hearing
What type of process is required for termination of public employment (not at-will)?
Generally, prior notice and opportunity to respond, and subsequent evidentiary hearing
What type of process is required for disciplinary suspension or academic dismissal from public education?
Prior notice and opportunity to respond; no formal evidentiary hearing required
What type of process is required for drivers’ license suspension?
Prior evidentiary hearing, except when there is a breathalyzer test suspension statute
What type of process is required for termination of parental custody rights?
Prior notice and prior evidentiary hearing
What type of process is required for civil forfeitures?
Real property –prior notice and evidentiary hearing. Personal property –subsequent notice and hearing.
What type of process is required for detention of citizen enemy combatants?
Subsequent notice and meaningful opportunity to contest factual basis for detention before neutral decisionmaker
What standard is applied to notice requirement?
Reasonably calculated to inform person of deprivation (need not actually inform)
