· 11/19/1991
Christopher B. Propert v. District of Columbia, a Municipal Corporation
Citations
- 948 F.2d 1327
- 292 U.S. App. D.C. 219
- 1991 U.S. App. LEXIS 27069
- 1991 WL 238597
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “however weighty the governmental interest may be in a given case, the amount of process required can never be reduced to zero”
- reasoning that municipality “may not . . . act to destroy the car without affording the owner post-towing notice and an opportunity to be heard”
- acknowledging that D.C. had a genuine interest in keeping “junk” vehicles off the streets
- finding that the city’s policy to promptly dispose of unclaimed vehicles deemed “junk” without a “hearing procedure of any kind” was an egregious violation of a vehicle owner’s Due Process rights
- stating the three basic elements to a procedural due process claim as (1) a deprivation, (2) of life, liberty, or property, (3) without due process of law
- “[Although the provision of procedural safeguards sometimes may be postponed, such safeguards must be provided prior to the time that a deprivation becomes final.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Edwards, Buckley, Plager, Federal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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