No. 22-384

Bronwyn Randel v. Rabun County School District

Lower Court: Eleventh Circuit
Docketed: 2022-10-25
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-rights constitutional-standards due-process eleventh-circuit post-deprivation-process pre-deprivation-process procedural-claim state-court-remedy unbiased-decisionmaker
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Does the existence of a state post-deprivation process preclude a procedural due-process claim

Question Presented (OCR Extract)

QUESTION PRESENTED The Due Process Clause provides that no person may be deprived of life, liberty or property without due process of law. Due process requires notice, an opportunity to be heard, and an unbiased decisionmaker. A hearing that meets due process standards must ordinarily be held prior to the deprivation. The question presented is: Does the existence of a state post-deprivation process preclude a procedural due process claim (a) only where a pre-deprivation process that satisfied constitutional standards would be impracticable, such as because the deprivation was a random or unauthorized act of an errant state official (the rule in ten circuits and under decisions of the highest courts in eight states), or (b) in any case in which, even though compliance with constitutional standards in a pre-deprivation process was practicable, the state postdeprivation process provides some form of remedy for the constitutional deficiency of the pre-deprivation process (the longstanding rule in the Eleventh Circuit)? ii PARTIES The parties are Bronwyn Randel and Rabun County School District.

Docket Entries

2023-02-27
Petition DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-06
2023-01-24
Brief of respondent Rabun County School District in opposition filed.
2022-11-16
Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2023.
2022-11-11
Motion to extend the time to file a response from November 25, 2022 to January 24, 2023, submitted to The Clerk.
2022-10-21
Petition for a writ of certiorari filed. (Response due November 25, 2022)
2022-09-14
Application (22A217) granted by Justice Thomas extending the time to file until October 21, 2022.
2022-08-09
Application (22A217) to extend the time to file a petition for a writ of certiorari from September 21, 2022 to November 20, 2022, submitted to Justice Thomas.

Attorneys

Bronwyn Randel
Eric SchnapperUniv. of Washington School of Law, Petitioner
Eric SchnapperUniv. of Washington School of Law, Petitioner
Rabun County School District
Brian C. SmithPereira, Kirby, Kinsinger, & Nguyen, LLP, Respondent
Brian C. SmithPereira, Kirby, Kinsinger, & Nguyen, LLP, Respondent
Phillip L. HartleyHarben, Hartley, & Hawkins, LLP, Respondent
Phillip L. HartleyHarben, Hartley, & Hawkins, LLP, Respondent