Procedural Due Process Claim

Identification

IRI 📋

https://folio.openlegalstandard.org/RCSGK4INCgJwoB5OTwTpEFm

Label (rdfs)

Procedural Due Process Claim

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Definition and Examples

Definition

A procedural due process claim is a legal action initiated by an individual or entity alleging that their right to procedural due process, as protected by the Fifth and Fourteenth Amendments of the United States Constitution, has been violated by the government or a government actor. Procedural due process requires the government to follow fair and established procedures before depriving an individual of their life, liberty, or property interests. A procedural due process claim may arise in various contexts, such as when the government fails to provide adequate notice, a fair and impartial hearing, or an opportunity to be heard before taking an action that impacts an individual's rights. Examples of procedural due process violations include the termination of public benefits without prior notice, the suspension of a student from a public school without a hearing, or the seizure of property without proper procedures.

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• Due Process Claim

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Additional Information

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Deprecated

False

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