No. 20-6900

John Reints v. Janet Sayler, et al.

Lower Court: South Dakota
Docketed: 2021-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process economic-benefit fourteenth-amendment goldberg-v-kelly pre-deprivation-hearing pre-deprivation-notice procedural-rights statutory-benefits
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2021-03-19
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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well-pleaded, clearly presented claim that his,or her federal _ tights were violated when said benefit was suddenly withdrawn without opportunity for pre-deprivation hearing?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notice and hearing to the recipient of a statutory, need-based ~ economic benefit, before that benefit is suddenly withdrawn, sufficient to establish that the county maintains the custom, regular practice and/or policy of such failure .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 ; ;

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-10
Waiver of right of respondent Janet Sayler, et al. to respond filed.
2021-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Janet Sayler, et al.
Rebecca L. MannGunderson Palmer Nelson & Ashmore, LLP, Respondent
Rebecca L. MannGunderson Palmer Nelson & Ashmore, LLP, Respondent
John Reints
John Reints — Petitioner
John Reints — Petitioner