GPO-CONAN-2017-10-15.pdf

888 logan v zimmerman brush co 455 us at 43536 1982

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888 Logan v. Zimmerman Brush Co., 455 U.S. at 435–36 (1982). The Court em- phasized that a post-deprivation hearing regarding harm inflicted by a state proce- dure would be inadequate. “That is particularly true where, as here, the State’s only post-termination process comes in the form of an independent tort action. Seeking redress through a tort suit is apt to be a lengthy and speculative process, which in a situation such as this one will never make the complainant entirely whole.” 455 U.S. 422, 436–37. 889 455 U.S. at 436. 1995 AMENDMENT 14—RIGHTS GUARANTEED
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deprivation hearing regarding such loss was required, 890 the Court subsequently overruled this holding, stating that “the Due Process Clause is simply not implicated by a negligent act of an official caus- ing unintended loss of or injury to life, liberty, or property.” 891 In “rare and extraordinary situations,” where summary action is necessary to prevent imminent harm to the public, and the pri- vate interest infringed is reasonably deemed to be of less impor- tance, government can take action with no notice and no opportu- nity to defend, subject to a later full hearing. 892 Examples are seizure of contaminated foods or drugs or other such commodities to pro- tect the consumer, 893 collection of governmental revenues, 894 and the seizure of enemy property in wartime. 895 Thus, citing national secu- rity interests, the Court upheld an order, issued without notice and an opportunity to be heard, excluding a short-order cook employed by a concessionaire from a Naval Gun Factory, but the basis of the five-to-four decision is unclear. 896 On the one hand, the Court was ambivalent about a right-privilege distinction; 897 on the other hand, it contrasted the limited interest of the cook—barred from the base, she was still free to work at a number of the concessionaire’s other 890 More expressly adopting the tort remedy theory, the Court in Parratt v. Tay- lor, 451 U.S. 527 (1981), held that the loss of a prisoner’s mail-ordered goods through the negligence of prison officials constituted a deprivation of property, but that the state’s post-deprivation tort-claims procedure afforded adequate due process. When a state officer or employee acts negligently, the Court recognized, there is no way that the state can provide a pre-termination hearing; the real question, therefore, is what kind of post-deprivation hearing is sufficient. When the action complained of is the result of the unauthorized failure of agents to follow established procedures and there is no contention that the procedures themselves are inadequate, the Due Process Clause is satisfied by the provision of a judicial remedy which the claimant must initiate. 451 U.S. at 541, 543–44. It should be noted that Parratt was a prop- erty loss case, and thus may be distinguished from liberty cases, where a tort rem- edy, by itself, may not be adequate process. See Ingraham v. Wright, 430 U.S. at 680–82.
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