GPO-CONAN-2017-10-15.pdf

Adjudged guilty of no crime nonetheless guilty enough

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adjudged guilty of no crime, nonetheless guilty enough for monetary exactions.”) (em- phasis in original). 882 Id. at 8–9. In particular, the Court noted that when a defendant seeks to recoup small amounts of money under the Exoneration Act, the costs of mounting a claim and retaining a lawyer “would be prohibitive,” amounting to “no remedy at all” for any minor assessments under the Act. Id. at 9. 883 Id. at 10. 1994 AMENDMENT 14—RIGHTS GUARANTEED
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for the return of funds that occurred as a result of a conviction that was subsequently invalidated. 884 In another respect, the balancing standard of Mathews has re- sulted in states’ having wider flexibility in determining what pro- cess is required. For instance, in an alteration of previously exist- ing law, no hearing is required if a state affords the claimant an adequate alternative remedy, such as a judicial action for damages or breach of contract. 885 Thus, the Court, in passing on the inflic- tion of corporal punishment in the public schools, held that the ex- istence of common-law tort remedies for wrongful or excessive ad- ministration of punishment, plus the context in which the punishment was administered ( i.e. , the ability of the teacher to observe directly the infraction in question, the openness of the school environment, the visibility of the confrontation to other students and faculty, and the likelihood of parental reaction to unreasonableness in punish- ment), made reasonably assured the probability that a child would not be punished without cause or excessively. 886 The Court did not, however, inquire about the availability of judicial remedies for such violations in the state in which the case arose. 887 The Court has required greater protection from property depri- vations resulting from operation of established state procedures than from those resulting from random and unauthorized acts of state employees, 888 and presumably this distinction still holds. Thus, the Court has held that post-deprivation procedures would not satisfy due process if it is “the state system itself that destroys a complain- ant’s property interest.” 889 Although the Court briefly entertained the theory that a negligent ( i.e. , non-willful) action by a state offi- cial was sufficient to invoke due process, and that a post- 884 Id. 885 See , e.g. , Lujan v. G & G Fire Sprinklers, Inc., 523 U.S. 189 (2001) (breach of contract suit against state contractor who withheld payment to subcontractor based on state agency determination of noncompliance with Labor Code sufficient for due process purposes). 886 Ingraham v. Wright, 430 U.S. 651, 680–82 (1977). 887 Ingraham v. Wright, 430 U.S. 651, 680–82 (1977). In Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 19–22 (1987), involving cutoff of utility service for non-payment of bills, the Court rejected the argument that common-law remedies were sufficient to obviate the pre-termination hearing requirement.
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