What is the test for procedural due process under the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from Bartolini v. Cassels, 18-3161 (2nd Cir. 2020):
without that procedural due process"specifically, "notice and some [advance] opportunity to be heard""required by the Fourteenth Amendment." Gudema v. Nassau County, 163 F.3d 717, 724 (2d Cir. 1998) (internal quotation marks omitted). "A deprivation of liberty or property through the conduct of a state employee whose acts are random and unauthorized, however, does not constitute a procedural due process violation so long as the state provides a meaningful remedy thereafter." Id.
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