Procedural Due Process and State Action

Question 1

govt cannot be significantly involved in discrimination 4 ways

Answer 1

a. cannot facilitate private discrimination.
b. cannot profit from private discrimination.
c. cannot enforce a private agreement to discriminate.
d. is not required to prevent private discrimination.

Question 2

Anti Discrimination Statutes

Answer 2

1. State action is required to show a violation of the Constitution.
2. irrelevant if there is anti-discrimination legislation.

Question 3

deprivation of life

Answer 3

1. death penalty requires procedural due process

Question 4

deprivation of property

Answer 4

1. You have a property interest in your gov. job or benefit whenever you have a legitimate entitlement to continued enjoyment of the job or benefit.
   a. mere expectation of continued employment or benefit does not suffice.
   b. Most gov’t benefits are entitlements, = property.
   c. Gov jobs are entitlements only when the gov says so—such as by providing a contractual term or discharge only “for cause.”

Question 5

deprivation of liberty

Answer 5

physical confinement, probation and parole, physical injury (such as a spanking in school), any restriction on legal rights (including being punished for free speech). Injury to reputation is not a loss of liberty.

Question 6

Exception to Procedural DP

Answer 6

Notice and a hearing are not required when there is an accident. Random negligence by a state employee does not constitute a deprivation of life, liberty, or property (for example, death by a municipal garbage truck). Deprivation requires the intentional taking away of life, liberty, or property.

Question 7

to decide what process due:

Answer 7

1. The individual right at stake (life, liberty, property);
2. The value of procedure in protecting that interest; and
3. The gov.’s interest in efficiency and cost.
4. Timing of the hearings

Question 8

a hearing must occur before deprivation when

Answer 8

a. terminating welfare benefits; non-emergency revocations of driver’s licenses.
b. can occur after the action, so long as the hearing is prompt and fair
i. Ex. terminating disability benefits; dismissing students for academic reasons.

Question 9

Public Employees for cause

Answer 9

1. Public employees who can be fired only “for cause” must be given some opportunity to be heard prior to discharge, unless there is a significant reason not to keep the employee on the job. If sig., then the discharge can come 1st with a subsequent hearing that is prompt and provides reinstatement with back pay (fair).