Constitutional Law: Protection of Individual Rights: Procedural Due Process
- Procedural Due Process: Has there been a depravation of life, liberty, or property? The procedural safeguards of notice and a hearing are available whenever there is a serious depravation of life, liberty, or property interest.
- Depravation of liberty: if there is the loss of a significant freedom provided by the Constitution or a statute:
- Except in an emergency, before an adult can be institutionalized, there must be notice and a hearing.
- When a parent institutionalizes a child, there only has to be screening by a neutral fact-finder
- Harm to reputation itself is not a loss of liberty
- Prisoners rarely have liberty interests.
- Depravation of liberty: if a person has an entitlement and that entitlement is not fulfilled.
- SCOTUS no longer talks in terms of rights and privileges, so watch out for this on the MBE.
- Entitlement exists if there is a reasonable expectation to the continued receipt of a benefit. (i.e. person has reasonable expectation that their government job would be there for a year and he was fired = depravation of due process)(applies to tenured teachers and civil service employees).
- Government negligence does not deprive someone of due process, unless, in emergency situations, its conduct ‘shocks the conscience.’
- IF THERE HAS BEEN DEPRAVATION OF PROCEDURAL DUE PROCESS – COURT UNDERTAKES A BALANCING TEST:
- It balances the severity of the depravation to the individual against the government interest in administrative efficiency.
- Before welfare benefits can be terminated = notice and hearing
- When Social Security Disability benefits are terminated = a post-termination hearing.
- When a student is disciplined by a public school, = notice of the changes and an opportunity to explain.
- Before a parent’s rights with regard to a child can be terminated, = notice and a hearing
- Punitive damage awards require instructions to jury and a judicial review
- Am. Citizen detained as enemy combatant = due process