14th Amendment

Question 1

Property Interest

Answer 1

(1) old property and (2) “new” property

Question 2

“New” property interest

Answer 2

Requires “legitimate claim of entitlement” - stems from state law and cannot be merely a benefit that can be granted or denied by officials

Question 3

Liberty interest

Answer 3

None for prisoners unless “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”

Question 4

Procedural due process

Answer 4

Matthews test:

(1) Private interest affected by official action
(2) Risk of erroneous deprivation through procedures used, and probable value of additional/substitute procedures
(3) Government interest

Question 5

SUBSTANTIVE DUE PROCESS

Answer 5

Applies when claim not covered by specific constitutional prohibition, or if plead

Question 6

Substantive due process test:

Answer 6

“Shocks the conscience”

1. Time to deliberate: “deliberate indifference”
2. No time to deliberate: “intent or purpose to cause harm unrelated to legitimate law enforcement interests”