![]() Procedural due process requires notice and an opportunity to be heard "at a meaningful time and in a meaningful manner" that is "appropriate to the nature of the case." Armstrong v. Pennsylvania State University, 227 F.3d 133, 142 (3d Cir. ![]() The Fourteenth Amendment requires procedural due process prior to the deprivation of a property interest, such as plaintiff's interest in her tenure status.Therefore, so long as the state satisfies the requirements of procedural due process, the government action will be upheld. The interest in tenured public employment is not one of the "fundamental property interest entitled to substantive due process protection." Id. Pennsylvania State University, 227 F.3d 133, 140 (3d Cir. ![]() ![]() The Third Circuit has explained that some "state-created property interests, including some contract rights, are entitled to protection under the procedural component of the Due Process Clause," but "not all property interests worthy of procedural due process protection are protected by the concept of substantive due process." Nicholas v. In considering plaintiff's claim, the Court notes that her action must relate to her right to procedural due process, and not to substantive due process, because plaintiff cannot state a claim for a substantive due process violation. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |