Due Process Violations
The right to due process relates to protections guaranteed by the Fourteenth Amendment of the U.S. Constitution that recites that no state “shall deprive any person of life, liberty, or property, without the due process of law. Due process violations may either be based on Substantive Due Process or Procedural Due Process.
Substantive Due Process is a concept that recognizes that some rights protected by the Fourteenth Amendment are so fundamental that they deserve a heightened protection since these rights are guaranteed by the Constitution. If the right is protected under the Constitution then "substantive due process protects the plaintiff from arbitrary or irrational deprivation, regardless of the adequacy of procedures used". Nicholas v. PA State University, 227 F. 3d 133, 142 (3rd Cir. 2000). An example of this would be depriving someone of the right to raise their children.
Due process violations may also be based on Procedural Due Process if a the process for protecting a right guaranteed by the Constitution was not protected by adequate procedures. Wooleyhan v. Cape Henlopen Sch. Dist. , 2011 WL 1875710, at 9 (D. Del. 2011). An example of this would be suspending or expelling a student without providing some opportunity for the student to challenge the allegations against them.
There is never a charge for a Free Consultation. If you decide to retain us to pursue your claim there are typically no upfront expenses.
The concept of Due process, both procedural and substantive, can be a complex undertaking. As with all Civil Rights claims the importance and duration of the right taken away along with the potential measureable damages dictate whether one’s potential claim has merit. If you believe that you or someone you know has suffered a deprivation of their due process rights contact the Norman Law Firm today.