No. 25-302

Patsy Talley v. Dale R. Folwell, et al.

Lower Court: Fourth Circuit
Docketed: 2025-09-16
Status: Denied
Type: Paid
Response Waived
Tags: due-process fourth-circuit pre-deprivation procedural-rights property-rights state-treasurer
Key Terms:
AdministrativeLaw SocialSecurity ERISA DueProcess Takings JusticiabilityDoctri
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Whether the Fourth Circuit Court of Appeals has ignored decades of law establishing the right to pre-deprivation due process in circumstances allowing the North Carolina State Treasurer to deprive Petitioner of property without procedural due process

Question Presented (OCR Extract)

Whether the Fourth Circuit Court of Appeals in a published opinion has ignored decades of law establishing the right to pre -deprivation due process in all but the most emergent circumstances allowing the North Carolina State Treasurer to deprive Petitioner and others similar ly situated overpaid through no fault of their own to be deprived of property without any procedural due process while opining cavalierly “there is no such thing as a free lunch.”

Docket Entries

2025-11-17
Petition DENIED.
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-09-17
Waiver of right of respondent Dale Folwell to respond filed.
2025-08-18
Petition for a writ of certiorari filed. (Response due October 16, 2025)

Attorneys

Dale Folwell
Olga Eugenia Vysotskaya de BritoNorth Carolina Department of Justice, Respondent
Patsy Talley, et al.
Valerie L. BatemanNew South Law Firm, Petitioner