Section 1983 Claims

Question 1

What are the due process rights for the rule-making and adjudication of a contested case process for zoning changes?

Answer 1

• Two processes
○ Rule-making - Quasi-legislative,
○ Adjudication of a contested case - Quasi-judicial.
• No fundamental due process rights in quasi-legislative acts. Quasi-judicial requires due process such as the ability to conduct cross-examination
(Town v. LUC)

Question 2

How are boundary amendments treated in Hawaii?

Answer 2

Boundary amendments are quasi-judicial in Hawaii.

This should actually be a quasi-legislative process. (Town)

Question 3

What two questions arise under 1983 claims?

Answer 3

• Is there immunity for the individuals who did the action? If no immunity, them
  
  • Was there a deprivation of rights and privileges under the Constitution and laws of the U.S.?