John Reints v. Janet Sayler, et al.
SocialSecurity DueProcess JusticiabilityDoctri
Are the Fourteenth Amendment procedural due process rights of a recipient of the need-based, statutory economic benefit at issue here violated when he or she is first granted and then suddenly denied that benefit without pre-deprivation notice and without opportunity for pre-deprivation hearing?
ESTIONS PRESENTED I. Are the Fourteenth Amendment procedural due process rights of a recipient of the need-based, statutory economic benefit at issue here violated when he or she is first granted and then suddenly denied that benefit without pre-deprivation notice and without opportunity for pre-deprivation hearing? , I. Is the recipient of a need-based, statutory economic benefit deprived of Fourteenth Amendment due process when a state's courts, including in turn the state's . Supreme Court, accept jurisdiction but refuse to acknowledge, take up or rule upon the recipient's timely, well-pleaded, clearly presented claim that his,or her federal _ tights were violated when said benefit was suddenly withdrawn without opportunity for pre-deprivation hearing? Ill. Are the Goldberg y. Kelly requirements for pre-deprivation notice and hearing “clearly established law” in the fact situation presented here? Iv. Is a county's repetition for five consecutive years of failure and refusal to . provide pre-deprivation notice and hearing to the recipient of a statutory, need-based ~ economic benefit, before that benefit is suddenly withdrawn, sufficient to establish that the county maintains the custom, regular practice and/or policy of such failure . and refusal? : i y Y ; ;