Barbara Rittenhouse v. Dekalb County, Karen Bullard

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that pre-deprivation process was not feasible when “[t]here is no suggestion that the purpose of the challenged emergency procedures is to deprive anyone of anything, and the procedures cannot be said to contemplate the deprivation of any protected interest”
• finding that the defendant’s emergency procedure to repair leaky water meters was not a relevant procedure because it was not designed to deprive people of property and did not contemplate depriving anyone of property
• agreeing with the Fourth Circuit that the opportunity to USCA11 Case: 19-12401 Date Filed: 12/10/2021 Page: 16 of 19 16 Opinion of the Court 19-12401 adjudicate an affirmative defense like sovereign immunity is an ad- equate remedy whether or not the claim can overcome the de- fense
• “[Examples of the ‘established state procedure’ principle are all cases in which the established state procedure itself effected the deprivation .... ”
• pre-deprivation process is not feasible when the identity of a potential plaintiff becomes apparent only after the deprivation of a protected interest
• “Similarly in Logan, the state procedures that were challenged were themselves predeprivation procedures. Those procedures were tested against the requirements of procedural due process, and were found to be deficient.”

Source: CourtListener parenthetical corpus (CC0).