What process is due under the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from Oviatt By and Through Waugh v. Pearce, 954 F.2d 1470 (9th Cir. 1992):
Having determined that plaintiff possessed a liberty interest, we now determine what process is due under the Fourteenth Amendment. "When a state ... creates a liberty interest [it] must follow minimum due process appropriate to the circumstances to ensure that liberty is not arbitrarily abrogated." Haygood v. Younger, 769 F.2d 1350, 1355 (9th Cir.1985) (citations omitted), cert. denied, 478 U.S. 1020, 106 S.Ct. 3333, 92 L.Ed.2d 739 (1986).
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