Procedural Due Process

Question 1

What is the basic principle of procedural due process?

Answer 1

A fair process is required for a government agency to individually take a person’s “life, liberty, or property.”

Question 2

Can NEGLIGENT deprivation of a person’s right to “life, liberty, or property” violate the Due Process Clause.

Answer 2

No.

Only INTENTIONAL deprivations will violate the Due Process Clause.

Question 3

When does a deprivation of “liberty” occur for purposes of the Due Process Clause?

Answer 3

If a person loses significant freedom of action or is denied a freedom provided by the Constitution or a statue.

Question 4

What is “property” for purposes of the Due Process Clause?

Answer 4

There must be a legitimate claim or “entitlement” to the benefit under state or federal law.

Question 5

How do we determine the level of procedural due process required?

Answer 5

There is a THREE-PART balancing test that weighs:

1. Importance of the interest to the individual
2. Value of specific procedural safeguards to that interest
3. Government interest in fiscal and administrative efficiency

Question 6

Can due process rights be waived?

Answer 6

Yes, if the waiver is voluntary and made knowingly.

Question 7

How do indigent plaintiffs gain access to the courts?

Answer 7

Government fees (e.g., court filing fees) MUST be waived when imposition of the fee would deny a FUNDAMENTAL right to the indigent.