The analysis asks whether a protected interest exists and what process was due, applying the Mathews balancing of private interest, risk of error, and government burden. Post-deprivation remedies may satisfy the requirement.
Property interests derive from independent sources.
Alternative Names:
Procedural Due Process Claim|Process Due Claim
Why it Matters?
Adequate state post-deprivation remedies defeat many procedural claims under Parratt and Hudson, since random unauthorized conduct cannot be preceded by process and a state tort remedy satisfies the constitutional requirement. That defense reaches property deprivation claims particularly. Establishing whether a protected property interest exists is the separate threshold, since expectations without an entitlement source do not qualify.
Frequently Confused with
Related terms
Frequently asked questions
What defeats many procedural claims?
What establishes a property interest?
