A cause of action is a property interest that the state cannot destroy without providing a meaningful opportunity to be heard on the merits.
A complainant filed a charge of employment discrimination under a state act, but the state agency failed to convene a required factfinding conference within the statutory deadline due to administrative error. The state court held that this failure deprived the agency of jurisdiction, effectively terminating the complainant's cause of action. The Supreme Court determines whether a state may terminate a cause of action because a state official failed to comply with a mandated procedure. Because a cause of action is a species of property protected by the Due Process Clause, the state cannot destroy this interest without providing a meaningful opportunity to be heard on the merits.
At page 428 Defining protected property interest under due process221 citing cases“a cause of action is a species of property protected by the fourteenth amendment's due process clause.”
- Robinson v. Crown Cork & Seal Co., Inc., 335 S.W.3d 126 (Tex. 2010).published (considering it “settled” that “a cause of action is a species of , property)
- Octavio Aguilera The Schumacher Grp. of Texas, Inc. VHS Harlingen Hosp. Co., LLC D/B/A Valley Baptist Med. Ctr.-Harlingen Adrian Alaniz Kristen White George Huddleston, IV, M.D. & William Taw, M.D. v. Eliazar Costilla, Individually & as the Rep. of the Est. of Kristy Renee Costilla, & as Next Friend of A.J.C. & C.K.C., Minors Melinda Rodriguez Leal & Camilo Trevino, No. 13-21-00135-CV (Tex. App.—Corpus Christi–Edinburg June 8, 2023).published([A] cause of action is a species of property protected by the Fourteenth Amendment’s Due Process Clause.)
- Ferretti v. Nova Se. Univ., Inc., 586 F. Supp. 3d 1260 (S.D. Fla. 2022).published([A] cause of action is a species of property protected by the Fourteenth Amendment’s Due Process Clause.)
- Angela T. Lairy, Turner & Assocs., PLLC, Carolyn T. Karriem & the Est. of Bennie L. Turner v. Lori Chandler, 364 So. 3d 824 (Miss. Ct. App. 2021).published([A] cause of action is a species of property protected by the Fourteenth Amendment's Due Process Clause.)
- Vazquez-Velazquez v. Puerto Rico High. & Transp. Auth., No. 3:15-cv-01727 (D.P.R. Aug. 9, 2021).(The hallmark of property . . . is an individual entitlement grounded in state law, which cannot be removed except ‘for cause.’)
- S.T. v. 1515 Broad Street, LLC (081916) (Essex Cnty. & Statewide), 227 A.3d 1190 (N.J. 2020).published([A] cause of action is a species of property protected by the Fourteenth Amendment’s 22 Due Process Clause.)
- Knopf v. Esposito, No. 17-4151 18-668 (L) (2d Cir. Feb. 25, 2020).unpublished([A] cause of action is a species of property protected by the Fourteenth Amendment’s Due Process Clause.)
- Jones v. Air Line Pilots Ass'n, Int'l, No. 2009-1075 (D.D.C. May 25, 2010).published See Logan, 455 U.S. at 432 ("Of course, the State remains free to create substantive defenses or immunities for use in adjudication -- or to eliminate its statutorily created causes of action altogether . . . .").
- Frank Fetzer Mills, Jr. v. Luis L. Wong, M.D., No. W2002-02353-SC-R11-CV (Tenn. Feb. 16, 2005).published ([A] cause of action is a species -5- of property protected by the Fourteenth Amendment’s Due Process Clause.)
- Shvartsman v. Apfel, 138 F.3d 1196 (7th Cir. 1998).published ([A] cause of action is a species of property protected by the Fourteenth Amendment’s Due Process Clause.)
Show 181 more citing cases
- New York State Nat'l Org. For Women v. Pataki, 261 F.3d 156 (2d Cir. 2001).published
- Ridgely v. Fed Emer Mgmt Agency, No. 07-30615 (5th Cir. Jan. 30, 2008).published
- Am. Mfrs. Mut. Ins. v. Sullivan, 526 U.S. 40 (1999).published
- BNSF Ry. Co. v. Surface Transp. Bd., 604 F.3d 602 (D.C. Cir. 2010).published
- BNSF Ry. Co. v. Surface Transp. Bd., 453 F.3d 473 (D.C. Cir. 2006).published
- David Fisher v. The City of Detroit Robert Butucal Richard Ivy Robert Gerds, 4 F.3d 993 (6th Cir. 1993).unpublished
- Karen McKewin by & Through Her Guardian Ad Litem, Mary C. McKewin Harrell Mary C. McKewin Harrell, Individually v. United States, 7 F.3d 224 (4th Cir. 1993).unpublished
- Thomas N. Brady v. Robert J. Tansy, Warden, Penitentiary of New Mexico Eloy Mondragon, Sec'y of Corr., 13 F.3d 404 (10th Cir. 1993).published
- Burson v. State of Nev., Dept. of Human Resources, Welfare Div., 42 F.3d 1398 (9th Cir. 1994).unpublished
- United States v. Charles Sherpinski, 70 F.3d 121 (9th Cir. 1996).unpublished
- Wayne D. Klump v. Bruce Babbitt, Sec'y of the Interior, 108 F.3d 1385 (9th Cir. 1997).unpublished
- Lee D. Wight v. Bd. of Dental Examiners Georgetta Coleman Gloria Valde Stephen Yuen June Laverne Long, 110 F.3d 72 (9th Cir. 1997).unpublished
- Evalyn Preblich v. Kenneth Battley, 117 F.3d 1426 (9th Cir. 1997).unpublished
- Ricky Cooper, Anna Marie Klups, Chitunda Tillman, Individually & on Behalf of All Other Similarly Situated Individuals v. Carlos J. Salazar, Dir., Illinois Dep't of Human Rights, 196 F.3d 809 (7th Cir. 1999).published
- Milagros Irizarry, Individually & on Behalf of All Similarly Situated Employees of the Chicago Bd. of Educ. v. Bd. of Educ. of the City of Chicago, 251 F.3d 604 (7th Cir. 2001).published
- San Gerónimo Caribe Proj., Inc. v. Acevedo-Vilá, 687 F.3d 465 (1st Cir. 2012).published
- Hutchins v. Carrillo, 500 S.E.2d 277 (Va. Ct. App. 1998).published
- Georgia Dep't of Med. Assistance v. Columbia Convalescent Ctr., 458 S.E.2d 635 (Ga. 1995).published
- Nix v. Long Mountain Resources, Inc., 422 S.E.2d 195 (Ga. 1992).published
- Koncelik v. Town of East Hampton, 781 F. Supp. 152 (E.D.N.Y. 1991).published
- Ridgely v. Fed. Emergency Mgmt. Agency, 512 F.3d 727 (5th Cir. 2008).published
- Browning-Ferris, Inc. v. Manchester Borough, 936 F. Supp. 241 (M.D. Pa. 1996).published
- Bexar Cnty. Sheriff's Civil Serv. Comm'n v. Davis, 802 S.W.2d 659 (Tex. 1990).published
- Schocker v. State, Dep't of Human Rights, 477 N.W.2d 767 (Minn. Ct. App. 1991).published
- Baker v. Gregg Cnty., 33 S.W.3d 72 (Tex. App.—Texarkana 2000).published
- Owens v. Brownlie, 610 N.W.2d 860 (Iowa 2000).published
- In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991).published
- Brandt v. Brandt, 468 N.W.2d 769 (Wis. Ct. App. 1991).published
- Hegarty v. Addison Cnty. Humane Soc'y, 2004 VT 33, 848 A.2d 1139.published
- New Brunswick Sav. Bank v. Markouski, 587 A.2d 1265 (N.J. 1991).published
- Nightlife Partners, Ltd. v. City of Beverly Hills, 108 Cal. App. 4th 81 (Cal. Ct. App. 2003).published
- Hak Fu Hung v. Wang, 8 Cal. App. 4th 908 (Cal. Ct. App. 1992).published
- Rhode Island Depositors Econ. Prot. Corp. v. Brown, 659 A.2d 95 (R.I. 1995).published
- Brandy v. City of Cedar Hill, 884 S.W.2d 913 (Tex. App.—Texarkana 1994).published
- Piedmont Behavioral Health Ctr., LLC v. Stewart, 413 F. Supp. 2d 746 (S.D. W. Va. 2006).published
- Great Basin Water Network v. State Eng'r, 234 P.3d 912 (Nev. 2010).published
- Della Penna v. Toyota Motor Sales, USA, Inc., 902 P.2d 740 (Cal. 1995).published
- Rosu v. City of New York, 742 F.3d 523 (2d Cir. 2014).published
- Kursar v. Transp. Sec. Admin., No. 2007-2001 (D.D.C. Nov. 22, 2010).published
- Tarrant Cnty. v. Steven Van Sickle, No. 02-01-00024-CV (Tex. App.—Fort Worth Jan. 30, 2003).published
- Daniel Sierra, Margaret Chalker, Judy Starnes, & Janice Wright v. James Nelson, State Comm'r of Educ. & Lake Worth Indep. Sch. Dist., No. 03-00-00161-CV (Tex. App.—Austin Oct. 26, 2000).unpublished
- Nat'l Collegiate Athletic Ass'n The Univ. of Texas at Austin & Patricia Ohlendorf in Her Off. Capacity & in Her Individual Capacity v. Joscelin Yeo, No. 03-02-00775-CV (Tex. App.—Austin July 11, 2003).published
- James W. Shrieve v. Texas Parks & Wildlife Dep't, No. 03-04-00640-CV, 2005 WL 1034086 (Tex. App.—Austin May 5, 2005).published
- Les Eckert & Aberdeen Ins. Servs., Inc. v. Jose Montemayor, in His Off. Capacity as Comm'r of Ins. for the State of Texas & Texas Dep't of Ins., No. 03-04-00507-CV, 2005 Tex. App. LEXIS 2376 (Tex. App.—Austin Mar. 31, 2005).published
- Anthony v. State, 209 S.W.3d 296 (Tex. App.—Texarkana 2006).published
- Thoyakulathu v. Brennan, 192 S.W.3d 849 (Tex. App.—Texarkana 2006).published
- Abdullah v. State, 211 S.W.3d 938 (Tex. App.—Texarkana 2007).published
- Richard Lee McGowan, Jr. v. State, No. 06-08-00192-CR (Tex. App.—Texarkana Sept. 30, 2008).unpublished
- Leslee Lanphier, R. N., & Rebecca Francis, R. N. v. Tania Avis, A/K/A Tania Greer, No. 06-07-00074-CV (Tex. App.—Texarkana Jan. 10, 2008).published
- Raymond Garcia v. Corpus Christi Civil Serv. Bd., No. 13-07-00585-CV, 2009 WL 2058892 (Tex. App.—Corpus Christi July 16, 2009).published
- Robert Jackson v. Texas S. Univ.-Thurgood Marshall Sch. of Law, J. Faith Jackson, Individually & as Emp. & McKen Carrington, Individually & as Emp., No. 14-06-00295-CV (Tex. App.—Houston [14th Dist.] June 12, 2007).published
- Mallette v. Arlington Cnty Emplo, No. 94-2298 (4th Cir. Aug. 1, 1996).published
- Susan Fisler Silberstein v. City of Dayton, 440 F.3d 306 (6th Cir. 2006).published
- Pugel, Diane v. Bd Trs. Univ IL, No. 03-3717 (7th Cir. Aug. 6, 2004).published
- Nat'l Union Fire Ins. v. City Sav., F.S.B., 28 F.3d 376 (3d Cir. 1994).
- Ruiz v. New Garden Twp., 376 F.3d 203 (3d Cir. 2004).published
- Ileto v. Glock, Inc., No. 06-56872 (9th Cir. May 11, 2009).published
- Hongoli Pan v. State, No. 05-13-00321-CR (Tex. App.—Dallas Mar. 4, 2014).unpublished
- in the Interest of R. M. T., a Child, No. 06-11-00037-CV (Tex. App.—Texarkana Oct. 5, 2011).published
- Robert T. Clifton, Raquel Gutierrez Bryson, Richard D. Jordan, & Michael Sutton v. Jennifer Walters in Her Off. Capacity as City Sec'y for the City of Denton, Texas, No. 02-08-00389-CV (Tex. App.—Fort Worth Jan. 14, 2010).published
- State v. James W. Clark, No. 43077 (Idaho Ct. App. Feb. 23, 2016).published
- In re Burns Two-Unit Residential Bldg. (Michael Long Appellants), 2016 VT 63, 148 A.3d 568.published
- Torres v. Comm. Human Rights, No. Cv 95 0323545s (Mar. 11, 1999), 1999 Conn. Super. Ct. 3112 (Conn. Super. Ct. 1999).unpublished
- Khozindar, Eric Paul, No. PD-0799-15 (Tex. June 29, 2015).unpublished
- Taylor v. Extendicare Apl of: Extendicare, No. 19 WAP 2015 (Pa. Sept. 28, 2016).published
- Gary Don Ray v. State, No. 03-14-00538-CR (Tex. App.—Austin Mar. 20, 2015).published
- Bexar Cnty. Civil Serv. Comm'n v. Carmella Guerrero, No. 04-15-00341-CV (Tex. App.—San Antonio Dec. 4, 2015).published
- Tapp v. Washington Metro. Area Transit Auth., No. 2015-0768 (D.D.C. Sept. 30, 2016).published
- Untitled Texas Attorney Gen. Opinion, No. GA-0461 (Tex. Att'y Gen. July 2, 2006).published
- Theresa Graham v. R.J Reynolds Tobacco Co., 857 F.3d 1169 (11th Cir. 2017).published
- Xavier Laurens v. Volvo Cars of North Am., L, No. 16-3829 (7th Cir. Aug. 22, 2017).published
- Cahn v. Berryman, 408 P.3d 1012 (N.M. 2017).published
- Burns 2-Unit Residential Bldg., No. 120-8-14 Vtec (Vt. Super. Ct. June 23, 2015).published
- Barri v. WCAB, No. G054838 (Cal. Ct. App. Oct. 19, 2018).published
- United States v. Wheeler Neff, No. 18-2282 (3d Cir. Sept. 6, 2019).unpublished
- Tarshis v. Ohio Civ. Rights Comm., 2019-Ohio-3633.published
- Stephen Sakonchick II v. Travis Cnty., Texas, No. 03-19-00323-CV (Tex. App.—Austin Oct. 30, 2019).published
- Jefferie Scott Gray, Janice Gray, an J.G., as Successors in Interest to James Lee Hohenshell v. Michael B. Oliver, Oliver Law Firm, P.C. & Oliver Gravett Law Firm, P.C., 943 N.W.2d 617 (Iowa 2020).published
- Bobby Sewell v. City of Odessa, DC Oris, Jesse Duarte, Daryl Smith, Leslie Goodson, Joe Barrera & Bill Carpenter, No. 11-19-00121-CV, 2021 WL 1706913 (Tex. App.—Eastland Apr. 30, 2021).published
- the Port of Corpus Christi, LP v. the Port of Corpus Christi Auth. of Nueces Cnty., No. 13-19-00378-CV, 2021 WL 2694772 (Tex. App.—Corpus Christi–Edinburg July 1, 2021).published
- Thibodeau v. Est. of Wilkinson, 843 S.W.2d 377 (Mo. Ct. App. 1992).published
- Tyson Sr. v. Dep't of Labor, No. 2020-0147 (D.D.C. Dec. 7, 2021).published
- Dawn D. v. Superior Court, 952 P.2d 1139 (Cal. 1998).published
- St. Joseph Hosp. v. Novello, 43 A.D.3d 139 (N.Y. App. Div. 4th Dep't 2007).published
- Andrew Rice v. Vill. of Johnstown, Ohio, 30 F.4th 584 (6th Cir. 2022).published
- Ciampi v. Comm'r of Corr., 892 N.E.2d 270 (Mass. 2008).published
- Cooper v. Salazar, 196 F.3d 809 (7th Cir. 1999).published
- Opinion of the Justices, 628 A.2d 1069 (N.H. 1993).published
- Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991).published
- Combs v. City of Winchester, 25 Va. Cir. 207 (Winchester Cir. Ct. 1991).published
- Hunger v. Univ. of Hawaii, 927 F. Supp. 2d 1007 (D. Haw. 2013).published
- J.L. Muscarelle, Inc. v. Twp. of Saddle Brook, 14 N.J. Tax 453 (N.J. Tax Ct. 1995).published
- In Re: Purdue Pharma L.P., No. 22-110-bk (L) (2d Cir. May 30, 2023).published
- Gen. Med., P.C. v. U.S. Dep't of Health & Human Servs., Sec'y of, No. 2:22-cv-11976 (E.D. Mich. Sept. 21, 2023).
- Smith v. Town of Cramerton, No. 3:18-cv-00631 (W.D.N.C. Sept. 5, 2019).
- Hendricks v. Urban & Econ. Dev., No. 6:23-cv-00487 (N.D.N.Y. May 26, 2023).
- Simmons v. NYS Dept of Soc. Servs., No. 1:19-cv-03633 (S.D.N.Y. May 3, 2019).
- Newton v. Major Dev. 52 Corp, No. 1:19-cv-03469 (S.D.N.Y. May 31, 2019).
- Helen Armstrong v. Terry Reynolds, 22 F.4th 1058 (9th Cir. 2022).published
- M.A.K. Inv. Grp. v. City of Glendale, 889 F.3d 1173 (10th Cir. 2018).published
- M.A.K. Inv. Grp. v. City of Glendale, 897 F.3d 1303 (10th Cir. 2018).published
At page 430 Defining the hallmark of a protected property interest186 citing cases“the hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except 'for cause.”
- Bradford v. Hayward, No. 4:24-cv-01293 (E.D. Mo. July 8, 2025).(The hallmark of property ... is an individual entitlement grounded in state law.)
- Doe v. Virginia Polytechnic Inst. & State Univ., No. 7:21-cv-00378 (W.D. Va. Apr. 2, 2024).(The hallmark of property, the [Supreme] Court has emphasized, is an individual entitlement grounded in state law, which cannot be removed except ‘for cause.’)
- Ralston Outdoor Advert. Ltd v. City of Dallas, No. 3:22-cv-01433 (N.D. Tex. Mar. 20, 2024).(The hallmark of property, the Court has emphasized, is an individual entitlement grounded in state law, which cannot be removed except ‘for cause.’)
- Williams v. Detroit, City of, No. 2:19-cv-12600 (E.D. Mich. Mar. 21, 2022).(The hallmark of property . . . is an individual entitlement grounded in state law.)
- Joshua Cheli v. Taylorville Cmty. Sch. D, 986 F.3d 1035 (7th Cir. 2021).published (In order to give rise to a constitutionally protected property interest, a statute or ordinance must go beyond mere procedural guarantees to provide some substantive criteria limiting the state’s discretion—as can be f…)
- Castanon v. Cathey, No. 5:18-cv-00537 (W.D. Okla. July 11, 2019).(The hallmark of property . . . is an individual entitlement grounded in state law, which cannot be removed except ‘for cause.’)
- Latasha Rose v. Houston Indep. Sch. Dist., No. 14-16-00687-CV, 2017 WL 4697889 (Tex. App.—Houston [14th Dist.] Oct. 19, 2017).published(The hallmark of property . . . is 5; see also Tex. Educ. Code §§ 21.201–.213; Gutierrez v. Laredo Indep. Sch. Dist., 139 S.W.3d 363, 366-67 (Tex. App.—San Antonio 2004, no pet.) (Education Code “provide[s] procedures f…)
- Clifton Jackson v. Sedgwick Claims Mgmt. Servs., 731 F.3d 556 (6th Cir. 2013).published (The hallmark of property . . . is an individual entitlement grounded in state law.)
- Burns v. PA Dep't of Corr., 544 F.3d 279 (3d Cir. 2008).published (The hallmark of property . . . is an individual entitlement grounded in state law.)
- Town of Castle Rock v. Gonzales, 545 U.S. 748 (2005).published See Logan v. Zimmerman Brush Co., 455 U. S. 422, 432 (1982) (“ ‘ “While the legislature may elect not to confer a property interest,. .. it may not constitutionally authorize the deprivation of such an interest, once conferred, without app…
Show 176 more citing cases
- Shvartsman v. Apfel, 138 F.3d 1196 (7th Cir. 1998).published Id. at 428 , 102 S.Ct. at 1154 (“[A] cause of action is a species of property protected by the Fourteenth Amendment’s Due Process Clause.”); id. at 430 , 102 S.Ct, at 1155 (“[T]he view that Logan’s FEPA claim is a constitutionally protecte…
- Kai Nielsen v. Dep't Of Licensing, No. 68133-8 (Wash. Ct. App. Sept. 30, 2013).published
- Nielsen v. Dep't of Licensing, 309 P.3d 1221 (Wash. Ct. App. 2013).published
- Schultz v. Regents of Univ. of California, 160 Cal. App. 3d 768 (Cal. Ct. App. 1984).published
- Am. Mfrs. Mut. Ins. v. Sullivan, 526 U.S. 40 (1999).published
- J.L. Muscarelle, Inc. v. Twp. of Saddle Brook, 14 N.J. Tax 453 (N.J. Tax Ct. 1995).published
- Blackburn v. City of Marshall, No. 93-05149 (5th Cir. Jan. 12, 1995).published
- Russello v. United States, 464 U.S. 16 (1983).published
- South Carolina v. Regan, 465 U.S. 367 (1984).published
- DeMauro v. DeMauro, No. 96-2082 (1st Cir. June 11, 1997).published
- Annie Mae Carpenter, Cross-Appellants v. Stephen F. Austin State Univ., Cross-Appellees, 706 F.2d 608 (5th Cir. 1983).published
- Kasom v. City of Sterling Heights, 785 F.2d 308 (6th Cir. 1986).unpublished
- Taylor Novelty, Inc. v. City of Taylor, 816 F.2d 682 (6th Cir. 1987).unpublished
- Jeffrey L. Force, a Single Man v. City of Phoenix, a Mun. Corp., 53 F.3d 338 (9th Cir. 1995).published
- Leptich v. City Coll. of San Francisco, 134 F.3d 378 (9th Cir. 1998).unpublished
- Sandra K. Dunham v. George Wadley, 195 F.3d 1007 (8th Cir. 1999).published
- Carey Faulkner v. City of Bartlett, No. W2008-02225-COA-R3-CV, 2009 WL 1841743 (Tenn. Ct. App. June 29, 2009).published
- City of Homer v. Campbell, 719 P.2d 683 (Alaska 1986).published
- California Teachers Assn. v. State, 975 P.2d 622 (Cal. 1999).published
- Engstrom v. State, 461 N.W.2d 309 (Iowa 1990).published
- Perez v. Cucci, 725 F. Supp. 209 (D.N.J. 1989).published
- Hixon v. Durbin, 560 F. Supp. 654 (E.D. Pa. 1983).published
- Dist. Couns. 33, Am. Fed'n of State Cnty. & Mun. Employees v. City of Philadelphia, 944 F. Supp. 392 (E.D. Pa. 1995).published
- Argenta v. City of Newton, 382 N.W.2d 457 (Iowa 1986).published
- Ennis v. Williams Cnty. Bd. of Commissioners, 493 N.W.2d 675 (N.D. 1992).published
- Davis v. Human Rights Comm'n, 676 N.E.2d 315 (Ill. App. Ct. 1st Dist. 1997).published
- Dewitt v. McHenry Cnty., 691 N.E.2d 388 (Ill. App. Ct. 2d Dist. 1998).published
- Benn v. Cnty. of Los Angeles, 150 Cal. App. 4th 478 (Cal. Ct. App. 2007).published
- Nick v. Dep't of Motor Vehs., 12 Cal. App. 4th 1407 (Cal. Ct. App. 1993).published
- Shoemaker v. Cnty. of Los Angeles, 37 Cal. App. 4th 618 (Cal. Ct. App. 1995).published
- Salisbury v. Stone, 518 A.2d 1355 (R.I. 1986).published
- Robinson v. Houston-Galveston Area Council, 566 F. Supp. 370 (S.D. Tex. 1983).published
- Connecticut State Dep't of Soc. Servs. v. Thompson, 242 F. Supp. 2d 127 (D. Conn. 2003).published
- Div. of Fam. Servs. v. Cade, 939 S.W.2d 546 (Mo. Ct. App. 1997).published
- Wilson v. Moreau, 440 F. Supp. 2d 81 (D.R.I. 2006).published
- Marva Huckabee v. Texas Dep't of Mental Health & Mental Retardation, No. 03-95-00396-CV (Tex. App.—Austin Jan. 30, 1997).unpublished
- Annette B. Demauro v. Joseph M. Demauro, Edward Martin, Demauro Co., Inc., Nicholas Demauro, Tri-Area Dev. Co., Inc. & Joan Martin, 115 F.3d 94 (1st Cir. 1997).published
- Dupuy, Jeff v. Samuels, Bryan, No. 03-3071 (7th Cir. Feb. 3, 2005).published
- Baraka v. McGreevey, 481 F.3d 187 (3d Cir. 2007).published
- Tennessee Dep't of Corr. v. David Pressley, No. M2015-00902-COA-R3-CV (Tenn. Ct. App. Apr. 14, 2016).published
- Hunsucker v. Fallin, 2017 OK 100, 408 P.3d 599.published
- Tollbrook, LLC v. City of Troy, No. 18-1139 (6th Cir. May 21, 2019).unpublished
- S.B. Vs. State of New Jersey (new Jersey Transit Police Dep't), No. A-2930-16T1 (N.J. Super. Ct. App. Div. Apr. 12, 2019).unpublished
- William Couch v. Harold Clarke, No. 19-6526 (4th Cir. Oct. 29, 2019).unpublished
- Henry Kaplan v. Univ. of Louisville, 10 F.4th 569 (6th Cir. 2021).published
- Walker v. Pers. Advisory Bd., 670 S.W.2d 1 (Mo. Ct. App. 1984).published
- Tarrant Appraisal Review Bd. v. Martinez Bros. Investments, Inc., 946 S.W.2d 914 (Tex. App.—Fort Worth 1997).published
- Anchor Pacifica Mgmt. Co. v. Green, 205 Cal. App. 4th 232 (Cal. Ct. App. 2012).published
- Bezar v. New York State Dep't of Soc. Servs., 151 A.D.2d 44 (N.Y. App. Div. 3d Dep't 1989).published
- Commissioners of the State Ins. Fund v. Brooklyn Barber Beauty Equip. Co., 191 Misc. 2d 1 (N.Y. City Civ. Ct. 2001).published
- Caryn Strickland v. United States, 32 F.4th 311 (4th Cir. 2022).published
- Kola Hasanaj v. Detroit Pub. Schs. Cmty. Dist., 35 F.4th 437 (6th Cir. 2022).published
- Tyrone Booth v. Flint Police Officers Ass'n, No. 21-2960 (6th Cir. June 7, 2022).unpublished
- Appeal of Plantier, 494 A.2d 270 (N.H. 1985).published
- Riblet Tramway Co. v. Stickney, 523 A.2d 107 (N.H. 1987).published
- Appeal of the Off. of the Consum. Advocate, 803 A.2d 1054 (N.H. 2002).published
- Starko, Inc. v. Presbyterian Health Plan, Inc., 2012-NMCA-053, 1 N.M. Ct. App. 707.published
- Enchanted Green LLC v. Alabama Med. Cannabis Comm'n, No. 2:23-cv-00696 (M.D. Ala. Jan. 12, 2024).
- Daniel McCausland v. Charter Twp. of Canton, Mich., No. 23-1479, 2024 WL 3045525 (6th Cir. June 18, 2024).unpublished
- Frederickson v. Larimer Cnty., No. 1:22-cv-00262 (D. Colo. Feb. 15, 2023).
- Taylor v. Feldman, No. 1:20-cv-05048 (N.D. Ga. Oct. 3, 2022).
- Drayton v. McIntosh Cnty., Georgia, No. 2:16-cv-00053 (S.D. Ga. July 26, 2021).
- Farris v. Labette Cnty. Med. Ctr., No. 2:19-cv-02060 (D. Kan. Oct. 4, 2019).
- Gladhill v. Washington Cnty. Bd. of Educ., No. 1:23-cv-00098 (D. Md. Mar. 22, 2024).
- Gladu v. Maine Human Rights Comm'n, No. 1:21-cv-00345 (D. Me. Jan. 28, 2022).
- Eureka Bldg. Inc v. City of Troy, No. 2:20-cv-10870 (E.D. Mich. Nov. 24, 2020).
- Strickland v. United States of Am., No. 1:20-cv-00066 (W.D.N.C. Dec. 30, 2020).
- Harris v. Mack, No. 3:20-cv-00565 (W.D.N.C. June 7, 2021).
- Alpha Painting & Constr. Co., Inc. v. Delaware River Port Auth. of the Commonwealth of Pennsylvania & the State of New Jersey, No. 1:16-cv-05141 (D.N.J. June 26, 2019).
- Cox v. Hausmann, No. 3:17-cv-02420 (N.D. Ohio Sept. 30, 2020).
- Mall v. Educ. Serv. Ctr. of Cent. Ohio, No. 2:19-cv-04795, 2020 WL 3173149 (S.D. Ohio June 15, 2020).
- EC New Vision Ohio, LLC v. Genoa Twp., Ohio, No. 2:23-cv-00691 (S.D. Ohio Nov. 17, 2023).
- Crum v. Town of Greeneville (TV2), No. 2:22-cv-00151 (E.D. Tenn. May 15, 2024).
- Durham v. Eley, 507 F. Supp. 3d 956 (M.D. Tenn. 2020).published
- Edwards v. Shelby Cnty., Tennessee, No. 2:22-cv-02682 (W.D. Tenn. June 12, 2024).
- Roscoe v. Collins, No. 7:17-cv-00494 (W.D. Va. Mar. 23, 2020).
- Bowling v. Bray, No. 7:19-cv-00453 (W.D. Va. July 28, 2020).
- Morales Mancia v. Elam, No. 7:19-cv-00625 (W.D. Va. Aug. 7, 2020).
- Petty, Livingston, Dawson & Richards, PC v. Centra Health, Inc., No. 6:19-cv-00055 (W.D. Va. Nov. 30, 2020).
- Bowling v. Bray, No. 7:19-cv-00453 (W.D. Va. Feb. 8, 2021).
- Morales Mancia v. Elam, No. 7:19-cv-00625, 2021 WL 4164686 (W.D. Va. Sept. 13, 2021).
- Brookwood v. City of Ridgeland, No. 24-60017 (5th Cir. Nov. 20, 2024).unpublished
- Pereyra-Diaz v. City of Doral, No. 1:24-cv-20286 (S.D. Fla. Sept. 23, 2024).
- Brumfield v. Atl. City Hous. Auth., No. 1:21-cv-16061, 2025 WL 227311 (D.N.J. Jan. 17, 2025).
- D.T. Real Est. Investments, LLC v. Huron, Charter Twp. of, No. 2:23-cv-10780 (E.D. Mich. Feb. 25, 2025).
- Whisper Lake Developments Inc v. Skagit Highlands Homes, No. 2:24-cv-01909 (W.D. Wash. Mar. 24, 2025).
- Med. Marijuana, Inc. v. Horn, 604 U.S. 593 (2025).published
- Fitch v. Tyrrell Cnty. Bd. of Commissioners, No. 2:24-cv-00026 (E.D.N.C. May 7, 2025).
- Louisiana Delta Serv. Corps v. Corp. for Nat'l & Cmty. Serv., No. 3:25-cv-00378 (M.D. La. June 27, 2025).
- State of Alaska, Dep't of Health & Soc. Servs.; Adam Crum in his Off. Capacity as Comm'r of the Dep't; Off. of Child.'s Servs.; Kim Guay, in her Off. Capacity a Dir. of OCS v. Z. C., Through his Next Friend, Lorenz Kaufman, on Behalf of Himself & all Those Similarly Situated, Z.C. v. State of Alaska, Dep't of Health & Soc. Servs., 569 P.3d 1153 (Alaska 2025).published
- Texas Dep't of Agric. v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; & Jaron Barganier, No. 15-25-00089-CV (Tex. App.—15th Dist. Aug. 25, 2025).published
- Hamblin v. Wilson Cnty., Tennessee, No. 3:21-cv-00816 (M.D. Tenn. Sept. 23, 2025).
- Texas Dep't of Agric. v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; & Jaron Barganier, No. 15-25-00089-CV (Tex. App.—15th Dist. Sept. 22, 2025).published
- Xunxian Liu v. Robert F. Kennedy, Jr., Sec'y U.S. Dep’t of Health & Human Servs., No. 8:23-cv-03513 (D. Md. Jan. 14, 2026).
- Delosreyes, No. 7:24-cv-00525 (W.D. Va. Feb. 13, 2026).
- Mccoy, No. 2:26-cv-00217 (E.D. Pa. July 1, 2026).
- Farooque Malik v. Alaska Hous. Fin. Corp., No. S-19362, 2026 WL 2254491 (Alaska Aug. 5, 2026).unpublished
- Spears, No. 3:24-cv-00716 (M.D. Tenn. Aug. 11, 2026).
- Bhattacharya, No. 2:24-cv-00900 (W.D. Pa. Aug. 14, 2026).
- Farooque Malik v. Alaska Hous. Fin. Corp., No. S-19362, 2026 WL 2218696 (Alaska July 31, 2026).unpublished
- The Iowa Farm Sanctuary v. Univ. of MO Vet Health Ctr., No. 25-2503 (8th Cir. Sept. 3, 2026).published
- Helen Armstrong v. Terry Reynolds, 22 F.4th 1058 (9th Cir. 2022).published
- Woodard v. Andrus, 419 F.3d 348 (5th Cir. 2005).published
- Moore v. Middlebrook, 96 F. App'x 634 (10th Cir. 2004).unpublished
- Doe v. Florida Bar, 630 F.3d 1336 (11th Cir. 2011).published
- Otis Bridgeforth v. Am. Educ. Servs., 412 F. App'x 433 (3d Cir. 2011).unpublished
- Hardy W. Ryland & Alma Odessa Ryland v. Alfred B. Shapiro, Edwin O. Ware & Edward E. Roberts, Jr., 708 F.2d 967 (5th Cir. 1983).published
- Troy Burris v. Willis Indep. Sch. Dist., Inc., 713 F.2d 1087 (5th Cir. 1983).published
- Norman Jett v. Dallas Indep. Sch. Dist. & Frederick Todd, 798 F.2d 748 (5th Cir. 1986).published
- Albert v. Carovano, 824 F.2d 1333 (2d Cir. 1987).published
- Richardson v. Felix, 856 F.2d 505 (3d Cir. 1988).published
- Thomas Hayden Barnes v. Ronald M. Zaccari, 669 F.3d 1295 (11th Cir. 2012).published
- Hidden Oaks Ltd., Hidden Oaks Ltd., Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-Appellee, 138 F.3d 1036 (5th Cir. 1998).published
- Luther Kirkwood v. Shelby Cnty. Gov't, d/b/a Shelby Cnty. Sheriff's Dep't, Jail Div., No. W2005-00769-COA-R9-CV, 2006 WL 889184 (Tenn. Ct. App. Apr. 6, 2006).published
- Armstrong v. Tennessee Dep't of Vets. Affairs, 959 S.W.2d 595 (Tenn. Ct. App. 1997).published
- Dee v. Borough of Dunmore, 549 F.3d 225 (3d Cir. 2008).published
- Galvin v. Lloyd, 663 F. Supp. 1572 (D. Conn. 1987).published
- Grounds v. Tolar Indep. Sch. Dist., 856 S.W.2d 417 (Tex. 1993).published
- DiGiovanni v. City of Rochester, 680 F. Supp. 80 (W.D.N.Y. 1988).published
- Crawford v. Parron, 709 F. Supp. 234 (D.D.C. 1986).published
- Sturgess v. Negley, 761 F. Supp. 1089 (D. Del. 1991).published
- Price v. Carpenter, 758 F. Supp. 403 (N.D. Tex. 1991).published
- In Re Jacobs, 936 A.2d 1156 (Pa. Super. Ct. 2007).published
- Campbell v. State of Me., 632 F. Supp. 111 (D. Me. 1985).published
- Wayfield v. Town of Tisbury, 925 F. Supp. 880 (D. Mass. 1996).published
- Lemon v. Tucker, 625 F. Supp. 1110 (N.D. Ill. 1985).published
- Shows v. Morgan, 40 F. Supp. 2d 1345 (M.D. Ala. 1999).published
- Biddle v. City of Fort Wayne, 591 F. Supp. 72 (N.D. Ind. 1984).published
- Save Our Dunes v. Pegues, 642 F. Supp. 393 (M.D. Ala. 1985).published
- Wynkoop v. Town of Cedar Lake, 970 N.E.2d 230 (Ind. Ct. App. 2012).published
- Gilder-Lucas v. Elmore Cnty. Bd. of Educ., 399 F. Supp. 2d 1267 (M.D. Ala. 2005).published
- Woodard v. Andrus, 649 F. Supp. 2d 496 (W.D. La. 2009).published
- Pfenninger v. Exempla, Inc., 116 F. Supp. 2d 1184 (D. Colo. 2000).published
- Hussain v. Lewis, 181 F. Supp. 3d 96 (D.D.C. 2016).published
- David Patchak v. Sally Jewell, 828 F.3d 995 (D.C. Cir. 2016).published
- La Salle Nat'l Bank v. Cook Cnty. Treasurer, 512 N.E.2d 1256 (Ill. 1987).published
- Hollis v. Lynch, 121 F. Supp. 3d 617 (N.D. Tex. 2015).published
- Double I Ltd. P'ship v. Plan & Zoning Comm'n, 588 A.2d 624 (Conn. 1991).published
- Fireman's Fund Ins. v. Plant Insulation Co., 485 B.R. 203 (N.D. Cal. 2012).published
- Carlson v. Ritchie, 960 F. Supp. 2d 943 (D. Minn. 2013).published
- KTK Mining of Virginia, LLC v. City of Selma, 984 F. Supp. 2d 1209 (S.D. Ala. 2013).published
- Occhino v. Nw. Bell Tel. Co., 675 F.2d 220 (8th Cir. 1982).published
- Albert v. Carovano, 824 F.2d 1333 (2d Cir. 1987).published
- Harvey, No. 3:25-cv-00428 (S.D. Ohio June 25, 2026).
- Revol. Dev., LLC & Robert M. Walker v. City of Chicago & Chicago Dep't of Plan. & Dev., No. 1:25-cv-14667 (N.D. Ill. Aug. 31, 2026).
- Wade v. Epps, 172 F. App'x 74 (5th Cir. 2006).unpublished“The hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except 'for cause.’”
- Morley's Auto Body, Inc. v. Hunter, 70 F.3d 1209 (11th Cir. 1995).published“The hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except ‘for cause.’”
- Hunt v. Prior, 673 A.2d 514 (Conn. 1996).published“[t]he hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except ‘for cause’”
- Joyce Wells v. Hico Indep. Sch. Dist., Etc., Veriena Braune v. Hico Indep. Sch. Dist., Etc., 736 F.2d 243 (5th Cir. 1984).published“The hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except ‘for cause.’”
- Ruth E. Oscar Charles Spinosa v. Univ. Students Co-Operative Ass'n, George Proper, 939 F.2d 808 (9th Cir. 1991).published“The hallmark of property ... is an individual entitlement grounded in state law....”
- Brown v. Cassens Transp. Co., 675 F.3d 946 (6th Cir. 2012).published“The hallmark of property ... is an individual entitlement grounded in state law.”
- Duran v. Orange Cnty., 36 F. App'x 307 (9th Cir. 2002).unpublished“[T]he Fourteenth Amendment’s Due Process Clause ... prevents] the States from denying potential litigants use of established adjudicatory procedures, when such an action would be the equivalent of denying them an oppor…”
- Coll. Sav. Bank v. Florida Prepaid Postsecondary Educ. Bd., 131 F.3d 353 (3d Cir. 1997).“[T]he types of interests protected as ‘property’ are varied and, as often as not, intangible, relating ‘to the whole domain of social and economic fact.’”
- Donald Roy, of Waterville, Kennebec Cnty., State of Maine v. The City of Augusta, Maine, 712 F.2d 1517 (1st Cir. 1983).published“The hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except ‘for cause.’”
- Durham v. Martin, 388 F. Supp. 3d 919 (M.D. Tenn. 2019).published“The hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except 'for cause'....”
- Loehr v. Ventura Cnty. Cmty. Coll. Dist., 743 F.2d 1310 (9th Cir. 1984).published“The hallmark of property ... is an individual entitlement grounded in state law .... Once that characteristic is found, the types of interests protected as 'property' are varied ....”
- Yale Auto Parts, Inc. v. Johnson, 758 F.2d 54 (2d Cir. 1985).published“'The hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except "for cause." '”
- Calvin L. Gunkel & Mildred A. Gunkel v. City of Emporia, Kansas & Russell Schoenberger, 835 F.2d 1302 (10th Cir. 1987).published“The hallmark of property ... is an individual entitlement grounded in state law.”
- Long v. Norris, 929 F.2d 1111 (6th Cir. 1991).published“The hallmark of property, ... is an individual entitlement grounded in state law, which cannot be removed except ‘for cause’”
- West Farms Assocs. v. State Traffic Comm'n of Connecticut, 951 F.2d 469 (2d Cir. 1991).published“The hallmark of property, the Court has emphasized, is an individual entitlement grounded in state law.”
- Long v. Norris, 929 F.2d 1111 (6th Cir. 1991).published“The hallmark of property, ... is an individual entitlement grounded in state law, which cannot be removed except 'for cause'”
- West Farms Assocs. v. State Traffic Comm'n Of The State Of Connecticut, 951 F.2d 469 (2d Cir. 1991).published“The hallmark of property, the Court has emphasized, is an individual entitlement grounded in state law.”
- Jane Doe v. John Roe, & Roe & Roe, Ltd., 958 F.2d 763 (7th Cir. 1992).published“The hallmark of property ... is an individual entitlement grounded in state law....”
- Jimmy Blackburn v. Marshall City Of, 42 F.3d 925 (5th Cir. 1995).published“The hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except ‘for cause’”
- Coll. Sav. Bank, in No. 97-5055, United States of Am., Intervenor-Plaintiff in D.C. v. Florida Prepaid Postsecondary Educ. Expense Bd.. Coll. Sav. Bank, United States of Am., Intervenor-Plaintiff in D.C. v. Florida Prepaid Postsecondary Educ. Expense Bd., United States of Am., in No. 97-5086, 131 F.3d 353 (2d Cir. 1997).published“[T]he types of interests protected as 'property' are varied and, as often as not, intangible, relating 'to the whole domain of social and economic fact.'”
- Montecino v. Louisiana, 55 F. Supp. 2d 547 (E.D. La. 1999).published“The hallmark of property ... is an individual entitlement grounded in state law”
- Pandolfi De Rinaldis v. Llavona, 62 F. Supp. 2d 426 (D.P.R. 1999).published“The hallmark of property ... is an individual entitlement grounded in state law”
- Karen Waeschle v. Ljubisa Dragovic, M.D., 687 F.3d 292 (6th Cir. 2012).published“The hallmark of property ... is an individual entitlement grounded in state law.”
- EJS Props., LLC v. City of Toledo, 698 F.3d 845 (6th Cir. 2012).published“The hallmark of property ... is an individual entitlement grounded in state law.”
- Brown v. Cassens Transp. Co., 743 F. Supp. 2d 651 (E.D. Mich. 2010).published“The hallmark of property ... is an individual entitlement grounded in state law....”
- Cruz-Baez v. Negron-Irizarry, 220 F. Supp. 2d 77 (D.P.R. 2002).published“The hallmark of property ... is an individual entitlement grounded in state law”
- 96 Cal. Daily Op. Serv. 2375, 96 Daily Journal D.A.R. 3950 Wmx Tech., Inc., F/k/a/ Waste Mgmt., Inc., a Delaware Corp. & Waste Mgmt. of California, Inc., a California Corp. v. Edwin L. Miller, Jr., as Dist. Attorney of San Diego Cnty., California, 80 F.3d 1315 (9th Cir. 1996).published
- M.A.K. Inv. Grp. v. City of Glendale, 889 F.3d 1173 (10th Cir. 2018).published
- M.A.K. Inv. Grp. v. City of Glendale, 897 F.3d 1303 (10th Cir. 2018).published
- WMX Tech., Inc. v. Miller, 80 F.3d 1315 (9th Cir. 1996).published
- Collier v. Buckner, 303 F. Supp. 3d 1232 (M.D. Ala. 2018).published
At page 437 Defining due process opportunity for hearing136 citing cases“may erect reasonable procedural requirements for triggering the right to an adjudication,”
- Christopher John Adams v. The New Jersey Judiciary-Admin. Off. of the Courts, Et Al., No. 3:25-cv-18103 (D.N.J. July 16, 2026).unpublished(The State may erect reasonable procedural requirements for triggering the right to an adjudication. . . . And the State certainly accords due process when it terminates a claim for failure to comply with a reasonable p…)
- In re K.T.B., 2020 UT 51.published(The State may erect reasonable procedural requirements . . . [such as] statutes of limitations . . . . And the State certainly accords due process when it terminates a claim for failure to comply with a reasonable proc…)
- Michael Campos v. Cook Cnty., 932 F.3d 972 (7th Cir. 2019).published ([A]t some point delay must ripen into deprivation, because otherwise a suit alleging deprivation would be forever premature.)
- Bolden v. Doe (In re Adoption of J.S.), 2014 UT 51, 358 P.3d 1009.published
- Ricky Cooper, Anna Marie Klups, Chitunda Tillman, Individually & on Behalf of All Other Similarly Situated Individuals v. Carlos J. Salazar, Dir., Illinois Dep't of Human Rights, 196 F.3d 809 (7th Cir. 1999).published
- Argenta v. City of Newton, 382 N.W.2d 457 (Iowa 1986).published
- Riblet Tramway Co. v. Stickney, 523 A.2d 107 (N.H. 1987).published
- Coggin v. Longview Indep Sch, 337 F.3d 459 (5th Cir. 2003).published
- Hickam, No. 3:25-cv-01001 (E.D. Va. June 17, 2026).
- Van Milligen v. Dept. of Emp. SEC., 868 N.E.2d 1083 (Ill. App. Ct. 2d Dist. 2007).published
Show 124 more citing cases
- Thomas v. Arn, 474 U.S. 140 (1986).published
- Davidson v. Cannon, 474 U.S. 344 (1986).published
- Immigr. & Naturalization Serv. v. Pangilinan, 486 U.S. 875 (1988).published
- Eagle Eye v. COMM, No. 93-1740 (1st Cir. Mar. 31, 1994).published
At page 436 Analyzing post-deprivation remedies for state system actions114 citing cases“it is the state system itself that destroys a complainant’s property interest, by operation of law”
- Morgan v. City of Phoenix, 785 P.2d 101 (Ariz. Ct. App. 1989).published We distinguish Logan v. Zimmerman Brush Co., 455 U.S. 422 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982), which concerned allegations of employment discrimination.
- Armendariz v. Rovney, No. 0:20-cv-00464 (D. Minn. Oct. 12, 2021).([T]he availability of state law postdeprivation remedies bears relevance only where the challenged acts of state officials can be characterized as random and unauthorized.)
- Am. Honda Fin. Corp. v. The Twp. of Aston, 546 F. Supp. 3d 371 (E.D. Pa. 2021).published(When the deprivation occurs in the more structured environment of established state procedures, rather than random acts, the availability of postdeprivation procedures will not, ipso facto, satisfy due process.)
- Friends of D. DeVito, Pets. v. Wolf, Levine, 227 A.3d 872 (Pa. 2020).published(‘[T]he necessity of quick action by the State or the impracticality of providing any pre-deprivation process' may mean that a post-deprivation remedy is constitutionally adequate.)
- San Gerónimo Caribe Proj., Inc. v. Acevedo-Vilá, 687 F.3d 465 (1st Cir. 2012).published
- 37 Fair empl.prac.cas. (Bna) 1150, 32 Empl. Prac. Dec. P 33,733 Andrew Polk v. Werner H. Kramarsky, Comm'r of the New York State Div. of Human Rights, the New York State Div. of Human Rights, an Agency of the State of New York, 711 F.2d 505 (2d Cir. 1983).published
- Udc Chairs Chapter, Am. Ass'n of Univ. Professors v. The Bd. of Trs. of the Univ. of the Dist. of Columbia, 56 F.3d 1469 (D.C. Cir. 1995).published
- Polk v. Kramarsky, 711 F.2d 505 (2d Cir. 1983).published
- Bai v. Johnson, No. 2:20-cv-02192 (D. Nev. Mar. 31, 2025).
- Jerry W. Matthias & Kathryn A. Schurber v. Dallas H. Bingley, City of Houston, 906 F.2d 1047 (5th Cir. 1990).published
Show 104 more citing cases
- Zinermon v. Burch, 494 U.S. 113 (1990).published
- Daniels v. Williams, 474 U.S. 327 (1986).published
- Charles Frier, Jr. v. City of Vandalia, Illinois, 770 F.2d 699 (7th Cir. 1985).published
- Pat S. Holloway v. Judge Dee Brown Walker, 784 F.2d 1287 (5th Cir. 1986).published
- Van Milligen v. Dept. of Emp. SEC., 868 N.E.2d 1083 (Ill. App. Ct. 2d Dist. 2007).published
At page 433 Determining required process under the due process clause81 citing cases[T]he Due Process Clause grants the aggrieved party the opportunity to present his case and have its merits fairly judged. Thus it has become *224 a truism that ‘some form of hearing’ is required before the owner is finally deprived of a protected property interest.
- Chavis Murphy v. Nicholas Deml & Michael Lyon, 2026 VT 41.published([T]he legislative determination provides all the process that is due.)
- The Home Loan Sav. Bank v. City of Coshocton, No. 2:21-cv-00133 (S.D. Ohio Jan. 26, 2023).([T]he general theory of republican government is not due process through individual hearings and the application of standards of behavior, but through elective representation, partisan politics, and the ultimate sovere…)
- Murphy v. Lamont, No. 3:20-cv-00694, 2020 WL 4435167 (D. Conn. Aug. 3, 2020).(Official action that is legislative in nature is not subject to the notice and hearing requirements of the due process clause.)
- Lujan v. G & G Fire Sprinklers, Inc., 532 U.S. 189 (2001).published([T]he Due Process Clause grants the aggrieved party the opportunity to present his case and have its merits fairly judged)
- Luedeke v. Vill. of New Paltz, 63 F. Supp. 2d 215 (N.D.N.Y. 1999).published ([T]he Due Process Clause grants the aggrieved party the opportunity to present his case and have its merits fairly judged. Thus it has become *224 a truism that ‘some form of hearing’ is required before the owner is fi…)
- Hugh C. Porter v. Susan Diblasio, Dane Cnty. Humane Soc'y, Paul W. Humphrey, & Dane Cnty., 93 F.3d 301 (7th Cir. 1996).published (the State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement)
- Stephen Redd v. Patricia Guerrero, 122 F.4th 1203 (9th Cir. 2024).published
- Ileto v. Glock, Inc., No. 06-56872 (9th Cir. May 11, 2009).published
- Jefferie Scott Gray, Janice Gray, an J.G., as Successors in Interest to James Lee Hohenshell v. Michael B. Oliver, Oliver Law Firm, P.C. & Oliver Gravett Law Firm, P.C., 943 N.W.2d 617 (Iowa 2020).published
- McMurtray v. Holladay, No. 92-7255 (5th Cir. Dec. 29, 1993).published
Show 71 more citing cases
- Rodriguez v. United States, No. 97-5812 (11th Cir. Mar. 15, 1999).published
- James v. United States, 459 U.S. 1044 (1982).published
- Xcaliber Int'l Ltd. v. Attorney Gen., No. 09-30492 (5th Cir. July 20, 2010).published
- United States v. Guebara, No. 98-3282 (10th Cir. Jan. 10, 2000).unpublished
- 37 Fair empl.prac.cas. (Bna) 1150, 32 Empl. Prac. Dec. P 33,733 Andrew Polk v. Werner H. Kramarsky, Comm'r of the New York State Div. of Human Rights, the New York State Div. of Human Rights, an Agency of the State of New York, 711 F.2d 505 (2d Cir. 1983).published
- Charles C. Holman, Jr. v. Gary J. Hilton, Superintendent, New Jersey State Prison, Trenton, Robert Hatrak, Superintendent, New Jersey State Prison, Rahway, Donald Tucker, Assistant to the Superintendent, New Jersey State Prison, Trenton, Joseph Call, Chairman of Institutional Classification Comm., Captain A. Richardson, Captain at New Jersey State Prison, Trenton, Captain R. Curran, Captain at New Jersey State Prison, Rahway, & Lieutenant Williams, Lt., at New Jersey State Prison, Trenton, Charles C. Holman v. Gary J. Hilton, Superintendent, New Jersey State Prison at Trenton Alan R. Hoffman, Former Superintendent, New Jersey State Prison at Trenton William Baum, Investigations Officer, New Jersey State Police Lawrence Ashton, Lieutenant, New Jersey State Prison James Williams, Lieutenant, New Jersey State Prison at Trenton, Individually, & in Their Off. Capacities. Appeal of Gary J. Hilton, Alan R. Hoffman, William Baum, Lawrence Ashton & James Williams, 712 F.2d 854 (3d Cir. 1983).published
- Udc Chairs Chapter, Am. Ass'n of Univ. Professors v. The Bd. of Trs. of the Univ. of the Dist. of Columbia, 56 F.3d 1469 (D.C. Cir. 1995).published
- Wayne Wright v. Charles Beck, 981 F.3d 719 (9th Cir. 2020).published
- Polk v. Kramarsky, 711 F.2d 505 (2d Cir. 1983).published
- Bai v. Johnson, No. 2:20-cv-02192 (D. Nev. Mar. 31, 2025).
At page 434 Determining due process requirements for property deprivation60 citing casesTo put it as plainly as possible, the State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement.
- United States v. Nicodemo Scarfo, 41 F.4th 136 (3d Cir. 2022).published([T]he State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement.)
- Robison v. Dep't of Ins., Finanical Institutions & Prof'l Reg., 437 F. Supp. 3d 725 (E.D. Mo. 2020).published(To put it as plainly as possible, the State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement.)
- Tony Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012).published ([T]he State may not finally destroy a property inter- est without first giving the putative owner an opportunity to present his claim of entitlement.)
- Stauch v. City of Columbia Heights, 212 F.3d 425 (8th Cir. 2000).published(To put it as plainly as possible, the State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement.)
- New York State Nat'l Org. For Women v. Pataki, 261 F.3d 156 (2d Cir. 2001).published
- Stephen Redd v. Patricia Guerrero, 84 F.4th 874 (9th Cir. 2023).published
- Rosu v. City of New York, 742 F.3d 523 (2d Cir. 2014).published
- Bhattacharya, No. 2:24-cv-00900 (W.D. Pa. Aug. 14, 2026).
- Hickam, No. 3:25-cv-01001 (E.D. Va. June 17, 2026).
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985).published
Show 50 more citing cases
- 37 Fair empl.prac.cas. (Bna) 1150, 32 Empl. Prac. Dec. P 33,733 Andrew Polk v. Werner H. Kramarsky, Comm'r of the New York State Div. of Human Rights, the New York State Div. of Human Rights, an Agency of the State of New York, 711 F.2d 505 (2d Cir. 1983).published
- Charles C. Holman, Jr. v. Gary J. Hilton, Superintendent, New Jersey State Prison, Trenton, Robert Hatrak, Superintendent, New Jersey State Prison, Rahway, Donald Tucker, Assistant to the Superintendent, New Jersey State Prison, Trenton, Joseph Call, Chairman of Institutional Classification Comm., Captain A. Richardson, Captain at New Jersey State Prison, Trenton, Captain R. Curran, Captain at New Jersey State Prison, Rahway, & Lieutenant Williams, Lt., at New Jersey State Prison, Trenton, Charles C. Holman v. Gary J. Hilton, Superintendent, New Jersey State Prison at Trenton Alan R. Hoffman, Former Superintendent, New Jersey State Prison at Trenton William Baum, Investigations Officer, New Jersey State Police Lawrence Ashton, Lieutenant, New Jersey State Prison James Williams, Lieutenant, New Jersey State Prison at Trenton, Individually, & in Their Off. Capacities. Appeal of Gary J. Hilton, Alan R. Hoffman, William Baum, Lawrence Ashton & James Williams, 712 F.2d 854 (3d Cir. 1983).published
- Wayne Wright v. Charles Beck, 981 F.3d 719 (9th Cir. 2020).published
- Polk v. Kramarsky, 711 F.2d 505 (2d Cir. 1983).published
- Jerry W. Matthias & Kathryn A. Schurber v. Dallas H. Bingley, City of Houston, 906 F.2d 1047 (5th Cir. 1990).published
- Collier v. Buckner, 303 F. Supp. 3d 1232 (M.D. Ala. 2018).published“[T]he State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement.”
At page 435 Distinguishing tortious loss from procedural deprivation58 citing casesholding that such remedies do not satisfy Due Process where the deprivation resulted from established state procedure
- Johnson v. State of New Jersey, No. 3:20-cv-12726 (D.N.J. Sept. 9, 2021).unpublished (holding that such remedies do not satisfy Due Process where the deprivation resulted from established state procedure)
- Burson v. State of Nev., Dept. of Human Resources, Welfare Div., 42 F.3d 1398 (9th Cir. 1994).unpublished
- Mayberry v. Hefner, No. 97-10130 (5th Cir. Dec. 23, 1997).unpublished
- Gray v. Anderson, No. 02-60622 (5th Cir. Feb. 11, 2003).unpublished
- Hudson v. Palmer, 468 U.S. 517 (1984).published
- Block v. Rutherford, 468 U.S. 576 (1984).published
- Cindy Gregory v. Town of Pittsfield, 470 U.S. 1018 (1985).published
- Albright v. Oliver, 510 U.S. 266 (1994).published
- Burton-Bey v. United States, No. 96-3241, 1996 WL 654457 (10th Cir. Nov. 12, 1996).unpublished
- Milburn v. Nelson, No. 00-3143 (10th Cir. July 20, 2000).unpublished
Show 47 more citing cases
- Enrique Gomez-Frau v. Adrian H. Acevedo Cruz, 960 F.2d 143 (1st Cir. 1992).unpublished
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- David Garza, Jr. v. Inglewood City Inglewood Police Dep't Raymond L. Johnson, Chief of Police, 967 F.2d 586 (9th Cir. 1992).unpublished
- James P. Clayton-El, Also Known as Carmichael Morrison v. Lieutenant C. Caraway, Lieutenant R. Ticer, Corr. Officer J.L. Chandler, 977 F.2d 585 (7th Cir. 1992).unpublished
- Zinermon v. Burch, 494 U.S. 113 (1990).published
At page 432 Analyzing state procedures for property interest deprivation32 citing cases� “While the legislature may elect not to confer a property interest,. .. it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards” ’
- Hodge v. Maine Sch. Admin. Dist. 6, No. CUMcv-18-420 (Me. Super. Ct May 20, 2019).unpublished(The legislative detennination provides all the process that is due)
- Troy G. Avera vs Airline Pilots Assoc. Int'l, Airline Pilots Assoc. Master Exec. Couns., 436 F. App'x 969 (11th Cir. 2011).unpublished([T]he State remains free to create substantive defenses or immunities for use in adjudication -- or to eliminate its statutorily created causes of action altogether.)
- Jones v. Air Line Pilots Ass'n, Int'l, No. 2009-1075 (D.D.C. May 25, 2010).published (Of course, the State remains free to create substantive defenses or immunities for use in adjudication -- or to eliminate its statutorily created causes of action altogether . . . .)
- Town of Castle Rock v. Gonzales, 545 U.S. 748 (2005).published (� “While the legislature may elect not to confer a property interest,. .. it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards” ’)
- Frank Fetzer Mills, Jr. v. Luis L. Wong, M.D., No. W2002-02353-SC-R11-CV (Tenn. Feb. 16, 2005).published Vested rights of action in tort may be classified as constitutionally-protected property interests. “[A] vested right of action is as much property as are tangible things . . . and enjoys the full protection of the due process clauses of t…
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- M.A.K. Inv. Grp. v. City of Glendale, 889 F.3d 1173 (10th Cir. 2018).published“While the legislature may elect not to confer a property interest, ... it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards.”
- M.A.K. Inv. Grp. v. City of Glendale, 897 F.3d 1303 (10th Cir. 2018).published“While the legislature may elect not to confer a property interest, ... it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards.”
- 96 Cal. Daily Op. Serv. 2375, 96 Daily Journal D.A.R. 3950 Wmx Tech., Inc., F/k/a/ Waste Mgmt., Inc., a Delaware Corp. & Waste Mgmt. of California, Inc., a California Corp. v. Edwin L. Miller, Jr., as Dist. Attorney of San Diego Cnty., California, 80 F.3d 1315 (9th Cir. 1996).published“[W]hile [a state] legislature may elect not to confer a property interest, ... it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate safeguards.”
At page 429 Protecting civil litigants' rights under due process18 citing cases“The Court traditionally has held that the Due Process Clauses protect civil litigants who seek recourse in the courts, either as defendants hoping to protect their property or as plaintiffs attempting to redress their grievances.”
- New York State Nat'l Org. For Women v. Pataki, 261 F.3d 156 (2d Cir. 2001).published
- Stephen Redd v. Patricia Guerrero, 84 F.4th 874 (9th Cir. 2023).published
- Schultz v. Regents of Univ. of California, 160 Cal. App. 3d 768 (Cal. Ct. App. 1984).published
- Richards v. Jefferson Cnty., 517 U.S. 793 (1996).published
- Dist. of Columbia v. Beretta U.S.A. Corp., 940 A.2d 163 (D.C. 2008).published
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- J.W. Rickett v. Charles Jones, Warden (St. Clair) & the Attorney Gen. of the State of Alabama, 901 F.2d 1058 (11th Cir. 1990).published
- United States v. Hamilton, 465 A.2d 843 (D.C. 1983).published
- Wisconsin Avenue Nursing Home v. Dist. of Columbia Comm'n on Human Rights, 527 A.2d 282 (D.C. 1987).published
- Rismon v. State, 877 P.2d 697 (Wash. Ct. App. 1994).published
- Kenseth v. Comm'r, 114 T.C. 399 (Tax Ct. 2000).published
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At page 431 Defining property interests under the fourteenth amendment7 citing casesholding that capital habeas petitioner had a property interest in obtaining appointed counsel
- Town of Castle Rock v. Gonzales, 545 U.S. 748 (2005).published See Logan v. Zimmerman Brush Co., 455 U. S. 422, 432 (1982) (“ ‘ “While the legislature may elect not to confer a property interest,. .. it may not constitutionally authorize the deprivation of such an interest, once conferred, without app…
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- United States v. Charles Loyd Lemons, Jr., 697 F.2d 832 (8th Cir. 1983).published
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At page 424 Whether state may terminate cause of action for procedural failure5 citing cases“whether a state may terminate a complainant's cause of action because a state official, for reasons beyond the complainant's control, failed to comply with a statutorily mandated procedure.”
- New York State Nat'l Org. For Women v. Pataki, 261 F.3d 156 (2d Cir. 2001).published
- Kai Nielsen v. Dep't Of Licensing, No. 68133-8 (Wash. Ct. App. Sept. 30, 2013).published
- Bolden v. Doe (In re Adoption of J.S.), 2014 UT 51, 358 P.3d 1009.published
- Nielsen v. Dep't of Licensing, 309 P.3d 1221 (Wash. Ct. App. 2013).published
- Stephen Redd v. Patricia Guerrero, 84 F.4th 874 (9th Cir. 2023).published
At page 426 Procedural requirements for terminating claims under disability law7 citing casesB On November 9, 1979, appellant Laverne L. Logan, a probationary employee hired one month previously, was discharged by appellee Zimmerman Brush Company,…
- Bolden v. Doe (In re Adoption of J.S.), 2014 UT 51, 358 P.3d 1009.published
- Stephen Redd v. Patricia Guerrero, 84 F.4th 874 (9th Cir. 2023).published
- Schultz v. Regents of Univ. of California, 160 Cal. App. 3d 768 (Cal. Ct. App. 1984).published
- Stephen Redd v. Patricia Guerrero, 122 F.4th 1203 (9th Cir. 2024).published
- Wallace, No. 4:26-cv-00158 (M.D. Pa. Sept. 3, 2026).
102 S. Ct. at 1152 Commission's time limit for convening conference3 citing casesunder statute, state's Fair Employment Practices Commission had 120 days within which to convene conference after complainant filed discrimination charge
- Alexander v. Ieyoub, 62 F.3d 709 (5th Cir. 1995).published
- Roberts v. Joiner, 590 So. 2d 195 (Ala. 1991).published
71 L. Ed. 2d at 275 cited at this page2 citing cases
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- BV Beverage Co. v. Idaho Alcohol Beverage Control., 315 P.3d 812 (Idaho 2013).published
102 S. Ct. at 1160 cited at this page2 citing cases
- Luis Alberto Gonzalez-Julio v. Immigr. & Naturalization Serv., 34 F.3d 820 (9th Cir. 1994).published
- People v. Lindner, 535 N.E.2d 829 (Ill. 1989).published
At page 427 the company's, control — would violate his federal rights to due process and equal protection of the laws. But the court noted that the statutory provision at…2 citing cases
- Johnson v. Allis-Chalmers Corp., 455 N.W.2d 657 (Wis. Ct. App. 1990).published
- Pub. Media Lab, Inc. & Manifold Prods., Inc. v. Dist. of Columbia, 276 A.3d 1 (D.C. 2022).published
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- Heckler v. Chaney, 470 U.S. 821 (1985).published
- Okeson v. Tolley Sch. Dist. No. 25, 570 F. Supp. 408 (D.N.D. 1983).published
- Charles T. Coleman, Sr. v. Michael C. Turpen, Dist. Attorney Bill Vinzant, Sheriff Keifer Wrecker Serv., 697 F.2d 1341 (10th Cir. 1983).published
v.
ZIMMERMAN BRUSH CO. Et Al.
Lead Opinion
delivered the opinion of the Court. †
The issue in this case is whether a State may terminate a complainant’s cause of action because a state official, for reasons beyond the complainant’s control, failed to comply with a statutorily mandated procedure.
I
A
The Illinois Fair Employment Practices Act (FEPA or Act), Ill. Rev. Stat., ch. 48, ¶851 et seq. (1979), barred employment discrimination on the basis of “physical. . . handicap unrelated to ability.” ¶853(a). It also established a comprehensive scheme for adjudicating allegations of discrimination. To begin the process, a complainant had to bring a charge of unlawful conduct before the Illinois Fair Employment Practices Commission (Commission) within 180 days of the occurrence of the allegedly discriminatory act. ¶ 858(a). The statute—in the provision directly at issue here—then gave the Commission 120 days within which to convene a factfinding conference designed to obtain evidence, ascertain the positions of the parties, and explore the possibility of a negotiated settlement. ¶ 858(b). If the Commission found “substantial evidence” of illegal conduct, it was to attempt to “eliminate the effect thereof ... by means of[*425] conference and conciliation,” 1858(c), and, if that proved impossible, to issue a formal complaint against the employer within 180 days after the expiration of the 120-day period. 1858(d). A formal adversary hearing was then to be held before a commissioner or duly appointed adjudicator, who was to make findings and who was empowered to recommend reinstatement, backpay, and reasonable attorney’s fees. 1858.01. If the commissioner or adjudicator did not find substantial evidence of discrimination, he was to recommend dismissal of the charge. Ibid.
The findings and recommended order were to be filed with the Commission. A complainant was entitled to obtain review by the full Commission of any of the possible dispositions of his charge, including an initial determination that the evidence did not justify a complaint. The Commission was to file a written order and decision. 1858.02; Illinois Fair Employment Practices Commission, Rules and Regulations, §4.5 (1979). If still not satisfied, the complainant could seek judicial review of any Commission order. 1860.[1]
[*426] B
On November 9, 1979, appellant Láveme L. Logan, a probationary employee hired one month previously, was discharged by appellee Zimmerman Brush Company, purportedly because Logan’s short left leg made it impossible for him to perform his duties as a shipping clerk. Five days later, Logan, acting pro se, filed a charge with the Commission alleging that his employment had been unlawfully terminated because of his physical handicap. App. 3. This triggered the Commission’s statutory obligation under ¶ 858(b) to convene a factfinding conference within 120 days; in Logan’s case, this meant by March 13,1980. Apparently through inadvertence, the Commission’s representative scheduled the conference for March 18, five days after expiration of the statutory period. Notice of the meeting, which was mailed to both parties in January 1980, specified the hearing’s date and location and declared that attendance was “required.” It, however, did not allude to the FEPA’s 120-day time limit. App. 5. The Commission also asked the company to complete a short questionnaire concerning its employment practices, and directed that it submit its answers by March 10. Ibid. The company did this without objection.
When the conference date arrived, the company moved that Logan’s charge be dismissed because the Commission had failed to hold the conference within the statutorily mandated 120-day period. Id., at 12. This request was rejected. Id., at 16. The company thereupon petitioned the Supreme Court of Illinois for an original writ of prohibition. That court stayed proceedings on Logan’s complaint pending decision on the request for a writ. Id., at 24. Logan meanwhile obtained counsel, and — because 180 days had not yet passed since the occurrence of the allegedly discriminatory act — filed a second charge with the Commission. Id., at 26.
Before the Illinois Supreme Court, Logan argued that terminating his claim because of the Commission’s failure to convene a timely conference — a matter beyond Logan’s, or in[*427]deed the company’s, control — would violate his federal rights to due process and equal protection of the laws. But the court noted that the statutory provision at issue, ¶ 858(b), declared: “Within 120 days of the proper filing of a charge, the Commission shall convene a fact finding conference. ...” (Emphasis added.) The Illinois court found this legislative language to be mandatory, and accordingly it held that failure to comply deprived the Commission of jurisdiction to consider Logan’s charge. Zimmerman Brush Co. v. Fair Employment Practices Comm’n, 82 Ill. 2d 99, 411 N. E. 2d 277 (1980).
The court found controlling its decision in Springfield-Sangamon County Regional Planning Comm’n v. Fair Employment Practices Comm’n, 71 Ill. 2d 61, 373 N. E. 2d 1307 (1978),[2] where it had determined that ¶ 858(c)’s 180-day deadline for issuing a complaint was mandatory; since the state legislature wrote ¶ 858(b) after the Spring fie Id-S angamon decision, and used language similar to that employed in ¶ 858(c), it must have intended the 120-day time limit to be jurisdictional as well. This result, reasoned the court, comported with the statute’s purposes by facilitating the “just and expeditious resolutions of employment disputes,” 82 Ill. 2d, at 107, 411 N. E. 2d, at 282, while protecting employers “‘from unfounded charges of discrimination,’” id., at 106, 411 N. E. 2d, at 281, quoting ¶ 851.
The Illinois Supreme Court summarily rejected Logan’s argument that his due process and equal protection rights would be violated were the Commission’s error allowed to extinguish his cause of action. The state legislature had established the right to redress for discriminatory employment practices, it was said, and “[t]he legislature could establish reasonable procedures to be followed upon a charge . . . .”[*428] Id., at 108, 411 N. E. 2d, at 282. The court then went on to rule that Logan could not file a second charge with the Commission based upon the same act of alleged discrimination, for to allow the second complaint to proceed would circumvent the design of the Act and frustrate the public interest in an expeditious resolution, of disputes.[3] Id., at 108-109, 411 N. E. 2d, at 282-283.
Logan appealed, bringing his federal claims to this Court. We noted probable jurisdiction. 450 U. S. 909 (1981).
a
>
Justice Jackson, writing for the Court in Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306 (1950), observed: “Many controversies have raged about the cryptic and abstract words of the Due Process Clause but there can be no doubt that at a minimum they require that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the case.” Id., at 313. At the outset, then, we are faced with what has become a familiar two-part inquiry: we must determine whether Logan was deprived of a protected interest, and, if so, what process was his due.
The first question, we believe, was affirmatively settled by the Mullane case itself, where the Court held that a cause of action is a species of property protected by the Fourteenth Amendment’s Due Process Clause.[4] There, the Court confronted a challenge to a state law that provided for the settle[*429]ment of common trust fund accounts by fiduciaries, upon notice given through newspaper publication. The effect of the statute was to terminate “every right which beneficiaries would otherwise have against the trust company ... for improper management of the common trust fund.” Id,., at 311. This, the Court concluded, worked to deprive the beneficiaries of property by, among other things, “cut[ting] off their rights to have the trustee answer for negligent or illegal impairments of their interests.” Id., at 313. Such a result was impermissible unless constitutionally adequate notice and hearing procedures were established before the settlement process went into effect. Id., at 315. Despite appel-lee Zimmerman Brush Company’s arguments to the contrary, we see no meaningful distinction between the cause of action at issue in Mullane and Logan’s right to use the FEPA’s adjudicatory procedures.
This conclusion is hardly a novel one. The Court traditionally has held that the Due Process Clauses protect civil litigants who seek recourse in the courts, either as defendants hoping to protect their property or as plaintiffs attempting to redress grievances. In Societe Internationale v. Rogers, 357 U. S. 197 (1958), for example — where a plaintiff’s claim had been dismissed for failure to comply with a trial court’s order — the Court read the “property” component of the Fifth Amendment’s Due Process Clause to impose “constitutional limitations upon the power of courts, even in aid of their own valid processes, to dismiss an action without affording a party the opportunity for a hearing on the merits of his cause.” Id., at 209. See also Hammond Packing Co. v. Arkansas, 212 U. S. 322, 349-351 (1909) (power to enter default judgment); Hovey v. Elliott, 167 U. S. 409 (1897) (same); Windsor v. McVeigh, 93 U. S. 274 (1876) (same). Cf. Wolff v. McDonnell, 418 U. S. 539, 558 (1974). Similarly, the Fourteenth Amendment’s Due Process Clause has been interpreted as preventing the States from denying potential litigants use of established adjudicatory procedures, when such[*430] an action would be “the equivalent of denying them an opportunity to be heard upon their claimed right[s].” Boddie v. Connecticut, 401 U. S. 371, 380 (1971).[5]
In any event, the view that Logan’s FEPA claim is a constitutionally protected one follows logically from the Court’s more recent cases analyzing the nature of a property interest. The hallmark of property, the Court has emphasized, is an individual entitlement grounded in state law, which cannot be removed except “for cause.” Memphis Light, Gas & Water Div. v. Craft, 436 U. S. 1, 11-12 (1978); Goss v. Lopez, 419 U. S. 565, 573-574 (1975); Board of Regents v. Roth, 408 U. S. 564, 576-578 (1972). Once that characteristic is found, the types of interests protected as “property” are varied and, as often as not, intangible, relating “to the whole domain of social and economic fact.” National Mutual Insurance Co. v. Tidewater Transfer Co., 337 U. S. 582, 646 (1949) (Frankfurter, J., dissenting); Arnett v. Kennedy, 416 U. S. 134,[*431] 207-208, and n. 2 (1974) (Marshall, J., dissenting); Board of Regents v. Roth, 408 U. S., at 571-572, 576-577. See, e. g., Barry v. Barchi, 443 U. S. 55 (1979) (horse trainer’s license protected); Memphis Light, Gas & Water Div. v. Craft, supra (utility service); Mathews v. Eldridge, 424 U. S. 319 (1976) (disability benefits); Goss v. Lopez, supra (high school education); Connell v. Higginbotham, 403 U. S. 207 (1971) (government employment); Bell v. Burson, 402 U. S. 535 (1971) (driver’s license); Goldberg v. Kelly, 397 U. S. 254 (1970) (welfare benefits).
The right to use the FEPA’s adjudicatory procedures shares these characteristics. A claimant has more than an abstract desire or interest in redressing his grievance: his right to redress is guaranteed by the State, with the adequacy of his claim assessed under what is, in essence, a “for cause” standard, based upon the substantiality of the evidence. And an FEPA claim, which presumably can be surrendered for value, is at least as substantial as the right to an education labeled as property in Goss v. Lopez, supra.6 Certainly, it would require a remarkable reading of a “broad and majestic ter[m],” Board of Regents v. Roth, 408 U. S., at 571, to conclude that a horse trainer’s license is a protected property interest under the Fourteenth Amendment, while a state-created right to redress discrimination is not.
The Illinois Supreme Court nevertheless seemed to believe that no individual entitlement could come into being under the FEPA until the Commission took appropriate action within the statutory deadline. Because the entitlement arises from statute, the court reasoned, it was the legisla[*432]ture’s prerogative to establish the “procedures to be followed upon a charge.” 82 Ill. 2d, at 108, 411 N. E. 2d, at 282. This analysis, we believe, misunderstands the nature of the Constitution’s due process guarantee.
Each of our due process cases has recognized, either explicitly or implicitly, that because “minimum [procedural] requirements [are] a matter of federal law, they are not diminished by the fact that the State may have specified its own procedures that it may deem adequate for determining the preconditions to adverse official action.” Vitek v. Jones, 445 U. S. 480, 491 (1980). See Arnett v. Kennedy, 416 U. S., at 166-167 (Powell, J., concurring in part); id., at 211 (Marshall, J., dissenting). Indeed, any other conclusion would allow the State to destroy at will virtually any state-created property interest. The Court has considered and rejected such an approach: “While the legislature may elect not to confer a property interest,... it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards. . . . [T]he adequacy of statutory procedures for deprivation of a statutorily created property interest must be analyzed in constitutional terms.’” Vitek v. Jones, 445 U. S., at 490-491, n. 6, quoting Arnett v. Kennedy, 416 U. S., at 167 (opinion concurring in part).
Of course, the State remains free to create substantive defenses or immunities for use in adjudication — or to eliminate its statutorily created causes of action altogether — just as it can amend or terminate its welfare or employment programs. The Court held as much in Martinez v. California, 444 U. S. 277 (1980), where it upheld a California statute granting officials immunity from certain types of state tort claims. We acknowledged that the grant of immunity arguably did deprive the plaintiffs of a protected property interest. But they were not thereby deprived of property without due process, just as a welfare recipient is not deprived of due process when the legislature adjusts benefit levels. Cf.[*433] U. S. Railroad Retirement Bd. v. Fritz, 449 U. S. 166, 174 (1980); Hisquierdo v. Hisquierdo, 439 U. S. 572, 575 (1979); Flemming v. Nestor, 363 U. S. 603, 609-610 (1960); Chase Securities Corp. v. Donaldson, 325 U. S. 304, 312, n. 8, 315-316 (1945). In each case, the legislative determination provides all the process that is due, see Bi-Metallic Investment Co. v. State Bd. of Equalization, 239 U. S. 441, 445-446 (1915); it “remain[s] true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest, except perhaps an interest in protecting the individual citizen from state action that is wholly arbitrary or irrational.” Martinez v. California, 444 U. S., at 282. Indeed, as was acknowledged in Martinez, it may well be that a substantive “immunity defense, like an element of the tort claim itself, is merely one aspect of the State’s definition of that property interest.” Id., at 282, n. 5. Cf. Ferri v. Ackerman, 444 U. S. 193, 198 (1979).
The 120-day limitation in the FEPA, ¶ 858(b), of course, involves no such thing. It is a procedural limitation on the claimant’s ability to assert his rights, not a substantive element of the FEPA claim. Because the state scheme has deprived Logan of a property right, then, we turn to the determination of what process is due him.
B
As our decisions have emphasized time and again, the Due Process Clause grants the aggrieved party the opportunity to present his case and have its merits fairly judged. Thus it has become a truism that “some form of hearing” is required before the owner is finally deprived of a protected property interest. Board of Regents v. Roth, 408 U. S., at 570-571, n. 8 (emphasis in original). And that is why the Court has stressed that, when a “statutory scheme makes liability an important factor in the State’s determination . . . , the State may not, consistent with due process, eliminate consideration of that factor in its prior hearing.” Bell v. Burson, 402[*434] U. S., at 541. To put it as plainly as possible, the State may not finally destroy a property interest without first giving the putative owner an opportunity to present his claim of entitlement.[7] See id., at 542.
On the other hand, the Court has acknowledged that the timing and nature of the required hearing[8] “will depend on appropriate accommodation of the competing interests involved.” Goss v. Lopez, 419 U. S., at 579. These include the importance of the private interest and the length or finality of the deprivation, see Memphis Light, Gas & Water Div. v. Craft, 436 U. S., at 19, and Mathews v. Eldridge, 424 U. S., at 334-335; the likelihood of governmental error, see id., at 335; and the magnitude of the governmental interests involved, see ibid., and Wolff v. McDonnell, 418 U. S., at 561-563.
Each of these factors leads us to conclude that appellant Logan is entitled to have the Commission consider the merits of his charge, based upon the substantiality of the available evidence, before deciding whether to terminate his claim. Logan’s interests in retaining his employment, in disproving his employer’s charges of incompetence or inability, and— more intangibly — in redressing an instance of alleged discrimination, are all substantial. At the same time, the deprivation here is final; Logan, unlike a claimant whose charge is dismissed on the merits for lack of evidence, cannot obtain judicial review of the Commission action. A system or procedure that deprives persons of their claims in a random manner, as is apparently true of ¶ 858(b), necessarily[*435] presents an unjustifiably high risk that meritorious claims will be terminated. And the State’s interest in refusing Lo» gan’s procedural request is, on this record, insubstantial.
There has been no suggestion that any great number of claimants are in Logan’s position, or that directing the State to consider the merits of Logan’s claim will be unduly burdensome. In any event, the State by statute has eliminated the mandatory hearing requirement, see n. 1, supra, demonstrating that it no longer has any appreciable interest in defending the procedure at issue.
Despite appellee Zimmerman Brush Company’s arguments, the recent decision in Parratt v. Taylor, 451 U. S. 527 (1981), is not to the contrary. There, a state employee negligently lost a prisoner’s hobby kit; while the Court concluded that the prisoner had suffered a deprivation of property within the meaning of the Fourteenth Amendment, it held that all the process due was provided by the State’s tort claims procedure. In such a situation, the Court observed, “[i]t is difficult to conceive of how the State could provide a meaningful hearing before the deprivation takes place.” Id., at 541. The company suggests that Logan is complaining of the same type of essentially negligent deprivation, and that he therefore should be remitted to the tort remedies provided by the Illinois Court of Claims Act, Ill. Rev. Stat., ch. 37, ¶439.1 et seq. (1979). That statute allows an action “against the State for damages in cases sounding in tort, if a like cause of action would lie against a private person.¶439.8(d).[9]
This argument misses Parrott’s point. In Parrott, the Court emphasized that it was dealing with “a tortious loss of . . . property as a result of a random and unauthorized act by[*436] a state employee . . . not a result of some established state procedure.” 451 U. S., at 541. Here, in contrast, it is the state system itself that destroys a complainant’s property interest, by operation of law, whenever the Commission fails to convene a timely conference — whether the Commission’s action is taken through negligence, maliciousness, or otherwise. Parratt was not designed to reach such a situation. See id., at 545 (second concurring opinion). Unlike the complainant in Parratt, Logan is challenging not the Commission’s error, but the “established state procedure” that destroys his entitlement without according him proper procedural safeguards.
In any event, the Court’s decisions suggest that, absent “the necessity of quick action by the State or the impracticality of providing any predeprivation process,” a postdeprivation hearing here would be constitutionally inadequate. Parratt, 451 U. S., at 539. See Memphis Light, Gas & Water Div. v. Craft, 436 U. S., at 19-20; Board of Regents v. Roth, 408 U. S., at 570, n. 7; Bell v. Burson, 402 U. S., at 542; Boddie v. Connecticut, 401 U. S., at 379. Cf. Barry v. Barchi, 443 U. S., at 64-65 (post-termination hearing permitted where the decision to terminate was based on a reliable pretermination finding); Mathews v. Eldridge, 424 U. S., at 343-347 (same). That is particularly true where, as here, the State’s only post-termination process comes in the form of an independent tort action.[10] Seeking redress through a[*437] tort suit is apt to be a lengthy and speculative process, which in a situation such as this one will never make the complainant entirely whole: the Illinois Court of Claims Act does not provide for reinstatement — as appellee Zimmerman Brush Company conceded at oral argument, Tr. of Oral Arg. 39— and even a successful suit will not vindicate entirely Logan’s right to be free from discriminatory treatment.
Obviously, nothing we have said entitles every civil litigant to a hearing on the merits in every case. The State may erect reasonable procedural requirements for triggering the right to an adjudication, be they statutes of limitations, cf. Chase Securities Corp. v. Donaldson, 325 U. S., at 314-316, or, in an appropriate case, filing fees. United States v. Kras, 409 U. S. 434 (1973). And the State certainly accords due process when it terminates a claim for failure to comply with a reasonable procedural or evidentiary rule. Hammond Packing Co. v. Arkansas, 212 U. S., at 351; Windsor v. McVeigh, 93 U. S., at 278. What the Fourteenth Amendment does require, however, “is ‘an opportunity . . . granted at a meaningful time and in a meaningful manner,’ Armstrong v. Manzo, 380 U. S. 545, 552 (1965) (emphasis added), ‘for [a] hearing appropriate to the nature of the case,’ Mullane v. Central Hanover Tr. Co., supra, at 313.” Boddie v. Connecticut, 401 U. S., at 378. It is such an opportunity that Logan was denied.
[*438] Ill
The judgment of the Supreme Court of Illinois, accordingly, is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
Justice Blackmun, with whom Justice Brennan, Justice Marshall, and Justice O’Connor join.The Court’s opinion, ante, considers appellant Logan’s due process claim and decides that issue in his favor. As has been noted, Logan also raised an equal protection claim and that issue has been argued and briefed here. Although the Court considered that it was unnecessary to discuss and dispose of the equal protection claim when the due process issue was being decided in Logan’s favor, I regard the equal protection issue as sufficiently important to require comment on my part,[1] particularly inasmuch as a majority of the Members of the Court are favorably inclined toward the claim, although, to be sure, that majority is not the one that constitutes the Court for the controlling opinion.
On its face, Logan’s equal protection claim is an unconventional one. The Act’s ¶ 858(b) establishes no explicit classifications and does not expressly distinguish between claimants, and the company therefore argues that Logan has no more been deprived of equal protection than anyone would be who is injured by a random act of governmental misconduct. As the Illinois Supreme Court interpreted the statute, however, ¶ 858(b) unambiguously divides claims—and thus, necessarily, claimants—into two discrete groups that are accorded radically disparate treatment. Claims processed within 120 days are given full consideration on the merits,[*439] and complainants bringing such charges are awarded the opportunity for full administrative and judicial review. In contrast, otherwise identical claims that do not receive a hearing within the statutory period are unceremoniously, and finally, terminated. Because the Illinois court recognized, in so many words, that the FEPA establishes two categories of claims, one may proceed to determine whether the classification drawn by the statute is consistent with the Fourteenth Amendment.
For over a century, the Court has engaged in a continuing and occasionally almost metaphysical effort to identify the precise nature of the Equal Protection Clause’s guarantees.[2] At the minimum level, however, the Court “consistently has required that legislation classify the persons it affects in a manner rationally related to legitimate governmental objectives.” Schweiker v. Wilson, 450 U. S. 221, 230 (1981). This is not a difficult standard for a State to meet when it is attempting to act sensibly and in good faith. But the “rational-basis standard is ‘not a toothless one,”’ id., at 234, quoting Mathews v. Lucas, 427 U. S. 495, 510 (1976); the classificatory scheme must “rationally advanc[e] a reasonable and identifiable governmental objective.” Schweiker v. Wilson, 450 U. S., at 235. I see no need to explore the outer bounds of this test, for I find that the Illinois statute runs afoul of the lowest level of permissible equal protection scrutiny.
The FEPA itself has two express purposes: eliminating employment discrimination, and protecting employers and other potential defendants “from unfounded charges of discrimination.” ¶ 851. It is evident at a glance that neither of these objectives is advanced by ¶ 858(b)’s deadline provision. Terminating potentially meritorious claims in a random manner obviously cannot serve to redress instances of discrimina[*440]tion. And it cannot protect employers from unfounded charges, for the frivolousness of a claim is entirely unrelated to the length of time the Commission takes to process that claim. So far as this purpose is concerned, ¶ 858(b) stands on precisely the same footing as the state statute invalidated in Lindsey v. Normet, 405 U. S. 56 (1972). There, the Court struck down a provision requiring a tenant to post a double bond before appealing an adverse forcible entry judgment. “The claim that the double-bond requirement operates to screen out frivolous appeals is unpersuasive,” the Court noted, “for it not only bars nonfrivolous appeals by those who are unable to post the bond but also allows meritless appeals by others who can afford the bond.” Id., at 78. Accord, Rinaldi v. Yeager, 384 U. S. 305, 310 (1966). Here, of course, the FEPA may operate to terminate meritorious claims without any hearing at all, while allowing frivolous complaints to proceed through the entire administrative and judicial review process. While it may well be true that “[n]o bright line divides the merely foolish from the arbitrary law,” Schweiker v. Wilson, 450 U. S., at 243 (dissenting opinion), I have no doubt that ¶ 858(b) is patently irrational in the light of its stated purposes.
In its opinion, however, the Illinois Supreme Court recognized a third rationale for ¶ 858(b): that provision, according to the court, was designed to further the “just and expeditious resolutio[n]” of employment disputes. Zimmerman Brush Co. v. Fair Employment Practices Comm’n, 82 Ill. 2d 99, 107, 411 N. E. 2d 277, 282 (1980). Insofar as the court meant to suggest that a factfinding conference may help settle controversies and frame issues for a more efficient fiiture resolution, it was undoubtedly correct. But I cannot agree that terminating a claim that the State itself has mis-scheduled is a rational way of expediting the resolution of disputes.[3]
[*441] Most important, the procedure at issue does not serve generally to hasten the processing or ultimate termination of employment controversies. Once the Commission has scheduled a factfinding conference and issued a complaint, there are no statutory time limits at all on the length of time it can take to resolve the claim. And ¶ 858(b) does not serve to protect employers from stale charges, because it does not function as a statute of limitation; Logan does not and could not quarrel with the requirement that complainants file their charges in a timely fashion.
It is true, of course, that ¶ 858(b) serves to expedite the resolution of certain claims — those not processed within 120 days — in a most obvious way, and in that sense it furthers the purpose of terminating disputes expeditiously. But it is not enough, under the Equal Protection Clause, to say that the legislature sought to terminate certain claims and succeeded in doing so, for that is “a mere tautological recognition of the fact that [the legislature] did what it intended to do.” U. S. Railroad Retirement Bd. v. Fritz, 449 U. S. 166, 180 (1980) (Stevens, J., concurring in judgment). This Court still has an obligation to view the classificatory system, in an effort to determine whether the disparate treatment accorded the affected classes is arbitrary. Rinaldi v. Yeager, 384 U. S., at 308 (“The Equal Protection Clause requires more of a state law than nondiscriminatory application within the class it establishes”). Cf. U. S. Railroad Retirement Bd. v. Fritz, 449 U. S., at 178.
[*442] Here, that inquiry yields an affirmative result. So far as the State’s purpose is concerned, every FEPA claimant’s charge, when filed with the Commission, stands on the same footing. Yet certain randomly selected claims, because processed too slowly by the State, are irrevocably terminated without review. In other words, the State converts similarly situated claims into dissimilarly situated ones, and then uses this distinction as the basis for its classification. This, I believe, is the very essence of arbitrary state action. “[T]he Equal Protection Clause ‘imposes a requirement of some rationality in the nature of the class singled out,”’ James v. Strange, 407 U. S. 128, 140 (1972), quoting Rinaldi, 384 U. S., at 308-309, and that rationality is absent here. The Court faced an analogous situation in a case involving sex-based classifications, and its conclusion there is applicable to the case before us now: giving preference to a discrete class “merely to accomplish the elimination of hearings on the merits, is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause . . . .” Reed v. Reed, 404 U. S. 71, 76 (1971).
Finally, it is possible that the Illinois Supreme Court meant to suggest that the deadline contained in ¶ 858(b) can be justified as a means of thinning out the Commission’s caseload, with the aim of encouraging the Commission to convene timely hearings. This rationale, however, suffers from the defect outlined above: it draws an arbitrary line between otherwise identical claims. In any event, the State’s method of furthering this purpose — if this was in fact the legislative end — has so speculative and attenuated a connection to its goal as to amount to arbitrary actiorju The State’s rationale must be something more than the exercise of a strained imagination; while the connection between means and ends need not be precise, it, at the least, must have some objective basis. That is not so here.
I thus agree with appellant Logan that the Illinois scheme also deprives him of his Fourteenth Amendment right to the equal protection of the laws.
Wustice O’Connor joins only the separate opinion, post, p. 438.
After the inception of the present litigation, the Illinois Legislature repealed the FEPA, and put in its place the more comprehensive Illinois Human Rights Act. 1979 Ill. Laws, P. A. 81-1216, later amended by 1980 Ill. Laws, P. A. 81-1267. The new statute bars discrimination in real estate and financial transactions and in public accommodations, as well as in employment. It replaces the Fair Employment Practices Commission with two agencies: a Department of Human Rights, ¶ 7-101 et seq., which is given the responsibility for investigating charges and issuing complaints upon a finding of substantial evidence, and a Human Rights Commission, 18-101 et seq., which reviews the Department’s findings and holds hearings upon issued complaints. The new Act modifies a number of the FEPA’s procedural provisions; most important for present purposes, it commits to the Department’s discretion the decision whether to hold a factfinding conference. 17-102(0(3).
These revisions have no effect on Logan’s case, however, for the Illinois Supreme Court has ruLd that the Human Rights Act is not to be applied retroactively. Zimmerman Brush Co. v. Fair Employment Practices Comm’n, 82 Ill. 2d 99, 108-109, 411 N. E. 2d 277, 282-283 (1980).
See also Board of Governors v. Fair Employment Practices Comm’n, 78 Ill. 2d 143, 149, 399 N. E. 2d 590, 593 (1979); Wilson v. All-Steel, Inc., 87 Ill. 2d 28, 428 N. E. 2d 489 (1981).
The Illinois court also refused to give retroactive application to the new Illinois Human Rights Act, which makes the convening of a factfinding conference discretionary. 82 Ill. 2d, at 108-109, 411 N. E. 2d, at 282-283. See n. 1, supra.
Two years ago, in Martinez v. California, 444 U. S. 277, 281-282 (1980), the Court noted that “[ajrguably,” a state tort claim is a “species of ‘property’ protected by the Due Process Clause.”
The Court’s cases involving the right of access to courts provide an analogous method of analysis supporting our reasoning here. In Boddie, the Court established that, at least where interests of basic importance are involved, “absent a countervailing state interest of overriding significance, persons forced to settle their claims of right and duty through the judicial process must be given a meaningful opportunity to be heard.” 401 U. S., at 377. Thus, the State’s imposition of substantial filing and other fees upon indigents seeking divorces was held to deny them due process. In United States v. Kras, 409 U. S. 434 (1973), we agreed that a due process right of access to the courts exists when fundamental interests are present and the State has exclusive control over “the adjustment of [the] legal relationship[s]” involved. Id., at 445. The relationship between these opinions and the right to procedural due process at issue in the instant case is made clear in Boddie, which relied in large part on the analysis of Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306 (1950), and its guarantee “to all individuals [of] a meaningful opportunity to be heard.” Boddie, 401 U. S., at 379; see also id., at 377-378, 380, 382. Thus, while the right to seek a divorce may not be a property interest in the same sense as is a tort or a discrimination action, the theories of the cases are not very different: having made access to the courts an entitlement or a necessity, the State may not deprive someone of that access unless the balance of state and private interests favors the government scheme.
An FEPA claim is therefore distinguishable from an enforcement action like those conducted by the National Labor Relations Board pursuant to the National Labor Relations Act, 29 U. S. C. § 151 et seq. In such a proceeding, the prosecution is controlled by the NLRB’s General Counsel, and the Counsel’s refusal to issue a complaint is generally not reviewable either by the Board or by the courts. See NLRB v. Sears, Roebuck & Co., 421 U. S. 132, 138-139 (1975).
This is not to suggest, of course, that the State must consider the merits of the claim when the claimant fails to comply with a reasonable procedural requirement, or fails to file a timely charge. See infra, at 437.
Here, of course, we are not concerned with the timing of the required review on the merits. The Commission must consider the merits before the case may proceed; it is not meaningful to discuss the possibility of a post-termination hearing, because the property interest here is destroyed when the case is terminated.
Logan might also have a remedy under the Equal Opportunities for the Handicapped Act (EOHA), Ill. Rev. Stat., ch. 38, ¶ 65-21 et seq. (1979), which provided an action for damages and “other relief’ to those discriminated against on the basis of physical handicap. ¶ 65-29. While the EOHA also was repealed when the Illinois Human Rights Act was passed, see n. 1, supra, the latter statute does not disturb claims arising or accruing under the EOHA prior to July 1, 1980. ¶ 9-102(B)(2). It is not clear[*436] to us, however, that such an action is available to Logan; the Illinois Supreme Court concluded that allowing Logan to file a second FEPA claim would frustrate the design of the FEPA by prejudicing the employer’s rights, 82 Ill. 2d, at 109, 411 N. E. 2d, at 283, and it might well apply a similar analysis to bar an EOHA claim here. We would hesitate to remit Logan to so speculative a remedy. In any event, our conclusion about the inadequacy of any post-termination remedy here makes the availability of an EOHA suit irrelevant for present purposes.
In Ingraham v. Wright, 430 U. S. 651 (1977), the Court concluded that state tort remedies provided adequate process for students subjected to[*437] corporal punishment in school. In doing so, however, the Court emphasized that the state scheme “preserved what ‘has always been the law of the land,’ ” id., at 679, quoting United States v. Barnett, 376 U. S. 681, 692 (1964), and that adding additional safeguards would be unduly burdensome. 430 U. S., at 680-682. Here, neither of those rationales is available. Terminating potentially meritorious claims in a random manner is hardly a practice in line with our common-law traditions. And the State’s abandonment of the challenged practice makes it difficult to argue that requiring a determination on the merits will impose undue burdens on the state administrative process.
“It cannot be suggested that in cases where the author [in writing by assignment] is the mere instrument of the Court he must forego expression of his own convictions.” Wheeling Steel Corp. v. Glander, 337 U. S. 562, 576 (1949) (separate opinion). See also Abbate v. United States, 359 U. S. 187, 196 (1959) (separate opinion); Helvering v. Davis, 301 U. S. 619, 639-640 (1937).
“Members of the Court continue to hold divergent views on the clarity with which a legislative purpose must appear . . . and about the degree of deference afforded the legislature in suiting means to ends . . . .” Schweiker v. Wilson, 450 U. S. 221, 243, n. 4 (1981) (dissenting opinion).
The Illinois court concluded that the factfinding conference itself would help to resolve disputes expeditiously by encouraging settlement and “aid-ling] the Commission in setting up a procedural framework for the concilia[*441]tory process which follows.” 82 Ill. 2d, at 106, 411 N. E. 2d, at 281. It is less clear to me that the court viewed the practice of terminating mis-scheduled claims as one that would aid the just and expeditious resolution of controversies. In light of my conclusions about the rationality of such a justification, however, it is irrelevant whether the Illinois Supreme Court intended to state that this was the actual or articulated rationale for ¶ 858(b)’s deadline proviso. I note that the rationales discussed in the text have not been expressed by the State’s representatives; the Illinois Human Rights Commission, by the State’s Attorney General, has filed a brief in this Court supporting Logan.
Concurrence
concurring in the judgment.
As the challenged statute now has been amended, this is a case of little importance except to the litigants. The action commenced with an isolated example of bureaucratic oversight that resulted in the denial even of a hearing on appellant’s claim of discrimination. One would have expected this sort of negligence by the State to toll the statutory period within which a hearing must be held. The Supreme Court of Illinois, however, read the statutory terms as mandatory and jurisdictional.
The issue presented, at least for me, is too simple and straightforward to justify broad pronouncements on the law of procedural due process or of equal protection. I am particularly concerned by the potential implications of the Court’s expansive due process analysis. In my view this is a case that should be decided narrowly on its unusual facts.*
The decision of the Illinois Supreme Court effectively created two classes of claimants: those whose claims were, and those whose claims were not, processed within the prescribed 120 days by the Illinois Fair Employment Practices Commission. Under this classification, claimants with identical claims, despite equal diligence in presenting them, would be treated differently, depending on whether the Commission itself neglected to convene a hearing within the prescribed time. The question is whether this unusual classification is rationally related to a state interest that would justify it.
[*444] The State no doubt has an interest in the timely disposition of claims. But the challenged classification failed to promote that end — or indeed any other — in a rational way. As claimants possessed no power to convene hearings, it is unfair and irrational to punish them for the Commission’s failure to do so. The State also has asserted goals of redressing valid claims of discrimination and of protecting employers from frivolous lawsuits. Yet the challenged classification, which bore no relationship to the merits of the underlying charges, is arbitrary and irrational when measured against either purpose.
This Court has held repeatedly that state-created classifications must bear a rational relationship to legitimate governmental objectives. See, e. g., Schweiker v. Wilson, 450 U. S. 221, 230 (1981); Lindsey v. Normet, 405 U. S. 56 (1972). Although I do not join Justice Blackmun’s separate opinion, I agree that the challenged statute, as construed and applied in this case, failed to comport with this minimal standard. I am concerned by the broad sweep of the Court’s opinion, but I do join its judgment.
It is necessary for this Court to decide cases during almost every Term on due process and equal protection grounds. Our opinions in these areas often are criticized, with justice, as lacking consistency and clarity. Because these issues arise in varied settings, and opinions are written by each of nine Justices, consistency of language is an ideal unlikely to be achieved. Yet I suppose we would all agree — at least in theory — that unnecessarily broad statements of doctrine frequently do more to confuse than to clarify our jurisprudence. I have not always adhered to this counsel of restraint in my own opinion writing, and therefore imply no criticism of others. But it does seem to me that this is a case that requires a minimum of exposition.