CitationBd. of Regents v. Roth, 408 U.S. 564, 92 S. Ct. 2701, 33 L. Ed. 2d 548, 1972 U.S. LEXIS 131, 1 I.E.R. Cas. (BNA) 23 (U.S. June 29, 1972) Brief Fact Summary. David Roth (Roth) was hired as an assistant professor at Wisconsin State University-Oshkosh (University) for a fixed term of one academic year. After the end of the term, Roth was informed he would not be rehired for another year, and brought an action in the Federal District Court alleging his Fourteenth Amendment rights were violated. Synopsis of Rule of Law. The Fourteenth Amendment’s procedural protection of property ...
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Londoner v. Denver
CitationLondoner v. Denver, 210 U.S. 373, 28 S. Ct. 708, 1908 U.S. LEXIS 1517, 52 L. Ed. 1103 (U.S. June 1, 1908) Brief Fact Summary. The plaintiffs challenged a tax which was assessed against their real property by the city council over plaintiffs’ written objections, without affording them a hearing. Synopsis of Rule of Law. Due process of law as guaranteed by the Fourteenth Amendment to the Constitution of the United States requires that, where the legislature of a State authorizes a subordinate body to levy taxes, the taxpayer shall have an opportunity to be heard before the tax ...
Bailey v. Richardson
CitationBailey v. Richardson, 182 F.2d 46, 1950 U.S. App. LEXIS 3562, 86 U.S. App. D.C. 248 (D.C. Cir. Mar. 22, 1950) Brief Fact Summary. Bailey, a civil service employee of the United States Government, was discharged from employ for allegedly having associations with Communist groups. Bailey claimed that the due process clause of the Fifth Amendment to the United States Constitution required that she be afforded a quasi-judicial hearing before dismissal. Synopsis of Rule of Law. The due process clause provides: “No person shall be deprived of life, liberty or property without ...
Cafeteria and Restaurant Workers Union, Local 473, AFL-CIO v. McElroy
CitationCafeteria & Restaurant Workers Union v. McElroy, 367 U.S. 886, 81 S. Ct. 1743, 6 L. Ed. 2d 1230, 1961 U.S. LEXIS 814, 42 Lab. Cas. (CCH) P17,011 (U.S. June 19, 1961) Brief Fact Summary. Bailey, a civil service employee of the United States Government, was discharged from employ for allegedly having associations with Communist groups. Bailey claimed that the due process clause of the Fifth Amendment to the United States Constitution required that she be afforded a quasi-judicial hearing before dismissal. Synopsis of Rule of Law. The due process clause provides: “No person ...
Londoner v. Denver
CitationWong Yang Sung v. McGrath, 339 U.S. 33, 70 S. Ct. 445, 94 L. Ed. 616, 1950 U.S. LEXIS 2297 (U.S. Feb. 20, 1950) Brief Fact Summary. The plaintiffs challenged a tax which was assessed against their real property by the city council over plaintiffs’ written objections, without affording them a hearing. Synopsis of Rule of Law. Due process of law as guaranteed by the Fourteenth Amendment to the Constitution of the United States requires that, where the legislature of a State authorizes a subordinate body to levy taxes, the taxpayer shall have an opportunity to be heard before th ...
Bi-Metallic Co. v. Colorado
CitationBi-Metallic Inv. Co. v. State Board of Equalization, 239 U.S. 441, 36 S. Ct. 141, 60 L. Ed. 372, 1915 U.S. LEXIS 1435 (U.S. Dec. 20, 1915) Brief Fact Summary. Bi-Metallic Co., the Plaintiff, challenged a uniform forty percent tax increase on the ground that it was not afforded an opportunity to be heard. Synopsis of Rule of Law. Individuals do not have standing merely as members of the public at large or the general taxpayer population to challenge government action or imposition of taxes. ...
Darby v. Cisneros
CitationDarby v. Cisneros, 509 U.S. 137, 113 S. Ct. 2539, 125 L. Ed. 2d 113, 1993 U.S. LEXIS 4246, 61 U.S.L.W. 4679, 93 Cal. Daily Op. Service 4572, 93 Daily Journal DAR 7787, 7 Fla. L. Weekly Fed. S 493 (U.S. June 21, 1993) Brief Fact Summary. R. Gordon Darby (Petitioner) was a self-employed South Carolina real estate developer whom the Department of Housing and Urban Development (HUD) debarred from participation in the program for a period of 18 months. Petitioner filed suit against HUD (Respondents) in District Court, and Respondents filed a motion to dismiss on the ground that Petitioner ...
Little v. Barreme
CitationLittle v. Barreme, 6 U.S. 170, 2 L. Ed. 243, 1804 U.S. LEXIS 255, 2 Cranch 170 (U.S. Feb. 27, 1804) Brief Fact Summary. A Danish vessel, The Flying Fish, with neutral Danish property on board was seized by the United States frigate Boston, commanded by Captain Little (Little), and brought into the port of Boston and libeled as an American vessel that had violated the non-intercourse law. Synopsis of Rule of Law. The government itself cannot be sued, but the offending government officials are liable as ordinary tortfeasors in the absence of valid authorization. ...
Cleveland Board of Education v. Loudermill
CitationCleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 105 S. Ct. 1487, 84 L. Ed. 2d 494, 1985 U.S. LEXIS 68, 53 U.S.L.W. 4306, 118 L.R.R.M. 3041, 1 I.E.R. Cas. (BNA) 424 (U.S. Mar. 19, 1985) Brief Fact Summary. The Cleveland Board of Education (Board) hired James Loudermill (Respondent) in 1979 as a security guard. Respondent stated on his application that he had never been convicted of a felony; and the Board fired him when it discovered he had been convicted of grand larceny in 1968. Respondent filed suit in the Federal District Court for the Northern District of Ohio, alleging that ...
Board of Regents of State Colleges v. Roth
CitationBd. of Regents v. Roth, 408 U.S. 564, 92 S. Ct. 2701, 33 L. Ed. 2d 548, 1972 U.S. LEXIS 131, 1 I.E.R. Cas. (BNA) 23 (U.S. June 29, 1972) Brief Fact Summary. David Roth (Roth) was hired as an assistant professor at Wisconsin State University-Oshkosh (University) for a fixed term of one academic year. After the end of the term, Roth was informed he would not be rehired for another year, and brought an action in the Federal District Court alleging his Fourteenth Amendment rights were violated. Synopsis of Rule of Law. The Fourteenth Amendment’s procedural protection of property ...
Perry v. Sindermann
CitationPerry v. Sindermann, 408 U.S. 593, 92 S. Ct. 2694, 33 L. Ed. 2d 570, 1972 U.S. LEXIS 20, 1 I.E.R. Cas. (BNA) 33 (U.S. June 29, 1972) Brief Fact Summary. Robert Sindermann (Respondent) taught for ten years at in the state college system in Texas under a series of contracts. After a disagreement with the college administration, Respondent’s last one-year contract was not renewed without opportunity for a hearing. Respondent brought this action in Federal District Court, alleging that the failure to afford him a hearing violated his Fourteenth Amendment guarantee of procedural due ...
Bailey v. Richardson
CitationBailey v. Richardson, 182 F.2d 46, 1950 U.S. App. LEXIS 3562, 86 U.S. App. D.C. 248 (D.C. Cir. Mar. 22, 1950) Brief Fact Summary. Bailey, a civil service employee of the United States Government, was discharged from employ for allegedly having associations with Communist groups. Bailey claimed that the due process clause of the Fifth Amendment to the United States Constitution required that she be afforded a quasi-judicial hearing before dismissal. Synopsis of Rule of Law. The due process clause provides: “No person shall be deprived of life, liberty or property without due p ...
Joint Anti-Fascist Refugee Committee v. McGrath
CitationJoint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 71 S. Ct. 624, 95 L. Ed. 817, 1951 U.S. LEXIS 2349 (U.S. Apr. 30, 1951) Brief Fact Summary. Petitioners were organizations that had been designated “communist” by the Attorney General of the United States (Respondents), and brought complaints that the labeling violated their constitutional due process rights. Synopsis of Rule of Law. The court applied the “arbitrary and capricious” standard. ...
Cafeteria and Restaurant Workers Union, Local 473, AFL-CIO v. McElroy
CitationCafeteria & Restaurant Workers Union v. McElroy, 367 U.S. 886, 81 S. Ct. 1743, 6 L. Ed. 2d 1230, 1961 U.S. LEXIS 814, 42 Lab. Cas. (CCH) P17,011 (U.S. June 19, 1961) Brief Fact Summary. Petitioners were organizations that had been designated “communist” by the Attorney General of the United States (Respondents), and brought complaints that the labeling violated their constitutional due process rights. Synopsis of Rule of Law. The court applied the “arbitrary and capricious” standard. ...
North American Cold Storage Co. v. City of Chicago
CitationNorth American Cold Storage Co. v. Chicago, 211 U.S. 306, 29 S. Ct. 101, 53 L. Ed. 195, 1908 U.S. LEXIS 1546 (U.S. Dec. 7, 1908) Brief Fact Summary. North American Cold Storage Company (Complainant) sought an injunction against the City of Chicago (Defendant), which demanded from Complainant 47 barrels of poultry on the grounds that it was spoiled and unfit for human consumption. Complainant argued that Section:1161 of the Revised Municipal Code of Chicago authorizing such conduct conflicted with the Fourteenth Amendment to the United States Constitution. Synopsis of Rule of Law. T ...
Londoner v. Denver
CitationLondoner v. Denver, 210 U.S. 373 (U.S. June 1, 1908) Brief Fact Summary. The plaintiffs challenged a tax which was assessed against their real property by the city council over plaintiffs’ written objections, without affording them a hearing. Synopsis of Rule of Law. Due process of law as guaranteed by the Fourteenth Amendment to the Constitution of the United States requires that, where the legislature of a State authorizes a subordinate body to levy taxes, the taxpayer shall have an opportunity to be heard before the tax becomes irrevocably fixed. The taxpayer must have not ...
Yesler Terrace Community v. Cisneros
CitationYesler Terrace Community Council v. Cisneros, 37 F.3d 442 (9th Cir. Wash. Sept. 12, 1994) Brief Fact Summary. The Department of Housing and Urban Development (HUD) determined that public housing authorities in the State of Washington could evict tenants accused of criminal activity without an informal grievance hearing, based on the premise that state court eviction procedures satisfied the elements of due process. Yesler Terrace Community Council and Marla Davidson (Plaintiffs) brought suit, contending that HUD’s determination was invalid because it was made without giving ...