Leavell v. Illinois Department of Natural Resources

How courts have described this case

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

• explaining that a failure to avail oneself of available post-deprivation procedures does not equate to a constitutional denial of process
• explaining that the plaintiff’s complaint should be dismissed with prejudice because she “ha[d] not suggested any way that she might amend her pleading to cure the deficiency”
• stating that, where the deprivation is random and unauthorized, post-deprivation procedures may be adequate
• finding that the plaintiffs claim was based on “random and unauthorized” state conduct when the Illinois Department of Natural Resources failed to give the plaintiff notice of a hearing that was expressly required by Illinois law
• stating that the complaint made it clear that the claim was based on a random and unauthorized conduct where the law expressly required a certain type of service prior to a hearing and where no such service was done
• discussing distinction between claims based on established state procedures and claims based on random, unauthorized acts by state employees

Source: CourtListener parenthetical corpus (CC0).