Dejournett v. Block, 799 F.2d 430 (8th Cir. 1986). · Go Syfert
Dejournett v. Block, 799 F.2d 430 (8th Cir. 1986). Cases Citing This Book View Copy Cite
25 citation events (3 in the last 25 years) across 8 distinct courts.
Strongest positive: Alston v. Pennsylvania State University (ca3, 2017-04-13)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Alston v. Pennsylvania State University
3rd Cir. · 2017 · signal: cf. · confidence medium
See Nicholas v. Pennsylvania State Univ., 227 F.3d 133, 139-43 (3d Cir. 2000) (describing what kinds of rights can be recognized for purposes of substantive due process and procedural due process); cf. also DeJournett v. Block, 799 F.2d 430, 431-32 (8th Cir. 1986) (no constitutionally protected interest in obtaining future agricultural loans); Dozier v. Loop Coll., City of Chi., 776 F.2d 752, 753 (7th Cir. 1985) (“[Tjhere is no substantive right to a subsidized education even through secondary school; perforce there is no right to college education at public expense.”) (internal citation o…
discussed Cited as authority (rule) Linda Stampley v. City of St. Paul
8th Cir. · 2000 · confidence medium
Specifically, she had no property interest in receiving a loan or a loan application, see DeJournett v. Block, 799 F.2d 430, 431-32 (8th Cir. 1986), and she failed to allege or show that defendants denied her a loan application or loan, or conspired to do so, for racially discriminatory reasons, see Thompson v. Board of Special Sch.
discussed Cited as authority (rule) Sindoni v. Young
4th Cir. · 1995 · confidence medium
See Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971); Childress, 825 F.2d at 1552 . 10 To state a claim for the denial of the FmHA loan under Bivens, Appellants must allege that they " 'possess a constitutionally protected property interest in the benefits offered by the various FmHA loan programs.' " Martin, 904 F.2d at 121 (quoting DeJournett v. Block, 799 F.2d 430, 431 (8th Cir.1986)).
cited Cited as authority (rule) Lundstrum v. Lyng
6th Cir. · 1991 · confidence medium
Id.; DeJournett v. Block, 799 F.2d 430, 431 (8th Cir.1986).
cited Cited as authority (rule) Lundstrum v. Lyng
6th Cir. · 1991 · confidence medium
Id.; DeJournett v. Block, 799 F.2d 430, 431 (8th Cir.1986).
discussed Cited as authority (rule) Ashbrook v. Block
6th Cir. · 1990 · confidence medium
DeJournett v. Block, 799 F.2d 430, 431 (8th Cir.1986); Carson v. Block, 790 F.2d 562, 567 (7th Cir.1986), cert. denied, 479 U.S. 1017 , 107 S.Ct. 669 , 93 L.Ed.2d 721 (1986). 32 The Ashbrooks' broad complaint that FmHA officials failed to provide management assistance and credit counseling pursuant to CFRDA regulations cannot be employed as a catchall basis for a fifth amendment claim.
discussed Cited as authority (rule) Arlene Martin v. Dana Marriner, Arlene Martin v. Dana Marriner
1st Cir. · 1990 · confidence medium
Before such an action may be brought, however, the Martins must establish that “they possess a constitutionally protected property interest in the benefits offered by the various FmHA loan programs.” See DeJournett v. Block, 799 F.2d 430, 431 (8th Cir.1986).
cited Cited as authority (rule) Nichols v. Block
D. Mont. · 1987 · confidence medium
DeJournett v. Block, 799 F.2d 430, 432 (8th Cir.1986). 5 .
discussed Cited as authority (rule) Henry H. Hagemeier, and Mary L. Hagemeier, His Wife v. John Block, Individually and in His Capacity as Secretary of the United States Dept. Of Agriculture Allen Brock, Individually and in His Capacity as Acting Assistant Administrator for Farmer Programs and Former Acting Administrator of the Farmers Home Administration, Charles Shuman, Individually and in His Capacity as Administrator of the Farmers Home Administration John O. Foster, Individually and in His Capacity as State Director of Missouri Rande S. Bryan, Individually and in His Capacity as District Director Terry A. Luetkemeyer, Individually and in His Capacity as County Supervisor, United States Department of Agriculture, Charles Rule, Jr. And Wanda F. Rule, His Wife v. John Block, Individually and in His Capacity as Secretary of the United States Department of Agriculture Allen Brock, Individually and in His Capacity as Acting Asst. Adm. For Farmer Programs and Former Acting Adm. Of the Farmers Home Adm. Charles Shuman, Individually and in His Capacity as Adm. Of the Farmers Home Adm John O. Foster, Individually and in His Capacity as State Director for Mo William T. Shay, Individually and in His Capacity as District Director and Ronald Moody, Individually and in His Capacity as County Supervisor, U.S. Dept. Of Agriculture Robert Noellsch, Individually and in His Capacity as County Supervisor U.S. Dept. Of Agriculture
8th Cir. · 1986 · confidence medium
However, this court recently determined in DeJournett v. Block, 799 F.2d 430, 432 (8th Cir.1986) that applicants for FmHA loans have no constitutionally protected property interest in receiving such loans.
discussed Cited as authority (rule) Hagemeier v. Block
8th Cir. · 1986 · confidence medium
However, this court recently determined in DeJournett v. Block, 799 F.2d 430, 432 (8th Cir.1986) that applicants for FmHA loans have no constitutionally protected property interest in receiving such loans.
cited Cited "see" Otis Bridgeforth v. American Education Services
3rd Cir. · 2011 · signal: see · confidence high
See DeJournett v. Block, 799 F.2d 430, 431-32 (8th Cir.1986).
discussed Cited "see, e.g." Rooney v. Wittich
S.D.N.Y. · 1998 · signal: see, e.g. · confidence medium
See, e.g., DeJournett v. Block, 799 F.2d 430, 432 (8th Cir.1986) (“[W]hile the various statutory and regulatory provisions ... to apply for FmHA loans ... establish a regulatory procedure for processing and reviewing loan applications ... these provisions create no property interest on which [a] constitutional tort claim may properly be based.”); Lundstrum v. Lyng, 954 F.2d 1142 ; 1147 (6th Cir.1991) (farmer who borrows money from the FmHA has no' due process right to loan servicing and emergency loans); Ashbrook v. Block, 917 F.2d 918, 925 (6th Cir.1990) (allegation that FmHA officials fa…
Retrieving the full opinion text from the archive…
Clemmer Dale Dejournett and Madeline Dejournett
v.
John Block, John O. Foster, Howard F. Spencer, Gary B. Capps, David M. Pullen, Lee Bloomfield, and Winford Watkins, Sr.
85-2387.
Court of Appeals for the Eighth Circuit.
Aug 26, 1986.
799 F.2d 430
Cited by 3 opinions  |  Published

799 F.2d 430

Clemmer Dale DeJOURNETT and Madeline DeJournett, Appellants,
v.
John BLOCK, John O. Foster, Howard F. Spencer, Gary B.
Capps, David M. Pullen, Lee Bloomfield, and
Winford Watkins, Sr., Appellees.

No. 85-2387.

United States Court of Appeals,
Eighth Circuit.

Submitted June 11, 1986.
Decided Aug. 26, 1986.

Dale Reesman, Boonville, Mo., for appellants.

David DeTar Newbert, Kansas City, Mo., for appellees.

Before ROSS, FAGG, and BOWMAN, Circuit Judges.

FAGG, Circuit Judge.

[*~430]1

Clemmer and Madeline DeJournett appeal the district court's dismissal of their Bivens -type constitutional tort claim. See Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We affirm.

2

The DeJournetts live on and operate a farm in Stoddard County, Missouri. They have received thirteen loans of various types from the Farmers Home Administration (FmHA). These loans total approximately $350,000.

3

Several of the loans received by the DeJournetts were obtained between March of 1983 and July of 1985. During that same period, however, the DeJournetts, who were suffering serious financial difficulties, also failed to obtain several FmHA loans. These particular loan applications either were not fully processed by FmHA officials due to a lack of funds or were administratively denied.

4

The DeJournetts filed this lawsuit on July 19, 1985. For relief, the DeJournetts sought $7,000,000 in actual and punitive damages. The DeJournetts requested neither injunctive nor declaratory relief.

5

On appellees' motion for summary judgment, the district court dismissed the DeJournetts' claim in its entirety. The district court dismissed the DeJournetts' claim against John Block, the former Secretary of the United States Department of Agriculture, because the DeJournetts failed to assert that Block was in any way involved in the challenged administrative decisions. The district court dismissed the DeJournetts' claim with respect to all other appellees after concluding that each appellee was entitled to either absolute or qualified immunity from a claim for money damages.

6

On appeal, the DeJournetts do not challenge the district court's dismissal of their claim with respect to John Block. Thus, we have no occasion to address the propriety of the district court's dismissal as to him. Further, the DeJournetts do not contend that their claim for damages is specifically authorized by any particular statutory or regulatory provision.

7

Rather, the DeJournetts concede that their claim is a Bivens -type constitutional tort claim in which they seek to recover money damages for the violation of their constitutional rights. See Butz v. Economou, 438 U.S. 478, 485-86, 504, 98 S.Ct. 2894, 2899-900, 2909, 57 L.Ed.2d 895 (1978); Bivens, 403 U.S. at 390-97, 91 S.Ct. at 2001-05. Specifically, the DeJournetts assert that appellees, in exercising their discretion with respect to the DeJournetts' loan applications, failed to comply fully with a number of statutory and regulatory provisions and in so doing deprived them of property without due process of law in violation of the fifth amendment of the United States Constitution. See Davis v. Passman, 442 U.S. 228, 234-48, 99 S.Ct. 2264, 2271-78, 60 L.Ed.2d 846 (1979); Arcoren v. Farmers Home Administration, 770 F.2d 137, 139 (8th Cir.1985). As a result, regardless of appellees' claim of qualified immunity, the DeJournetts must first demonstrate that they possess a constitutionally protected property interest in the benefits offered by the various FmHA loan programs.

8

The fact that the DeJournetts have received FmHA loans in the past does not in and of itself provide the DeJournetts with a constitutionally protected property interest in future FmHA loans. See Bass v. United States Department of Agriculture, 737 F.2d 1408, 1416 (5th Cir.1984) (Garwood, Circuit Judge, concurring) (citing McCaChren v. United States Department of Agriculture, 599 F.2d 655 (5th Cir.1979)). Further, neither the Supreme Court nor this court has held that the filing of a FmHA loan application in itself provides applicants like the DeJournetts with a "legitimate claim of entitlement protected by the Due Process Clause of the Fifth * * * * * * Amendment." Lyng v. Payne, --- U.S. ----, 106 S.Ct. 2333, 2343, 90 L.Ed.2d 921 (1986); see also Schlake v. Beatrice Production Credit Association, 596 F.2d 278, 282 (8th Cir.1979).

9

Finally, while the various statutory and regulatory provisions relied upon by the DeJournetts entitle the DeJournetts to apply for FmHA loans and establish a regulatory procedure for processing and reviewing loan applications, these provisions do not transform the DeJournetts' unilateral hope, desire, or abstract need for a FmHA loan into a legitimate claim of entitlement to the loan itself. See Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). Thus, these provisions create no property interest on which the DeJournetts' constitutional tort claim may properly be based.

10

Because the DeJournetts have failed to establish the existence of a constitutionally protected property interest, the DeJournetts' constitutional tort claim, which is wholly premised on the existence of a protected constitutional interest, was properly dismissed by the district court. As our conclusion with respect to the constitutional basis of the DeJournetts' claim is equally applicable to each appellee, we have no need to consider the question of appellees' absolute or qualified immunity.

[*~431]11

The DeJournetts raise several other challenges to the district court's dismissal of their claim. We have thoroughly considered each of these contentions and find them to be without merit. Thus, we affirm the decision of the district court.