· 2/25/2004
Santana v. City of Tulsa
Citations
- 359 F.3d 1241
- 2004 U.S. App. LEXIS 3561
- 2004 WL 348963
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding “that as long as procedural due process standards are met and no unreasonable municipal actions are shown, a nuisance abatement action does not violate the Fourth Amendment”
- rejecting application of Fourth Amendment warrant requirement when procedural due process met and no other unreasonable government action
- seeking damages for deprivation of due process after defendant confiscated plaintiffs property
- availability of recourse to constitutionally sufficient administrative procedure satisfies due process requirements if complainant declines or fails to take advantage of procedure
- plaintiff cannot create procedural due process claim by ignoring established procedures such as administrative appeal
- The fundamental protections provided by procedural due process are notice and an opportunity to be heard and “meaningfully participate.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McConnell, Anderson, Baldock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.