substitute procedural requirement (District of Columbia) · Go Syfert
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substitute procedural requirement in District of Columbia

16 District of Columbia opinions name it 1 courts 1978–2024 1 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Mathews v. Eldridgegreen
scotus · 1976 · cited in 16 District of Columbia opinions naming this issue, 1978–2024
2 sentences

2024See id. at 282 (“The Mathews v. Eldridge test . . . is applied to the generality of cases; the fundamental fairness of a particular procedure does not turn on the result obtained sufficient: (1) “the private interest that will be affected by the official action,” (2) “the risk of an erroneous deprivation of such interest through the procedures used, and the probable value . . . of additional or substitute procedural safeguards,” and (3) “the [g]overnment’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requiremen

2018We employ the test enunciated by the Supreme Court in Mathews v. Eldridge to make a determination as to whether these safeguards built into the District's registration process are sufficient to protect the C.s' procedural due process rights: First , the private interest that will be affected by the official action; second , the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally , the [g]overnment's interest, including the function involved and the fiscal and administrative

216
Donnelly Associates, Ltd. Partnership v. District of Columbia Historic Preservation Review Boardgreen
dc · 1987 · cited in 2 District of Columbia opinions naming this issue, 2011–2024
2 sentences

2024See id. at 282 (“The Mathews v. Eldridge test . . . is applied to the generality of cases; the fundamental fairness of a particular procedure does not turn on the result obtained sufficient: (1) “the private interest that will be affected by the official action,” (2) “the risk of an erroneous deprivation of such interest through the procedures used, and the probable value . . . of additional or substitute procedural safeguards,” and (3) “the [g]overnment’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requiremen

2011The balancing test adopted in Mathews v. Eldridge “is applied to the generality of cases; the fundamental fairness of a particular procedure does not turn on the result obtained in any individual case.” Donnelly Associates v. District of Columbia Historic Preservation Review Board, 520 A.2d 270, 282 (D.C.1987) (emphasis added) (internal quotations and citations omitted).

22
Morrissey v. Brewergreen
scotus · 1972 · cited in 2 District of Columbia opinions naming this issue, 1983–1983
2 sentences

1983Id. at 557 , 94 S.Ct. at 2975. [11] The government actually filed a motion to set a trial date which the court treated under the circumstances as a motion to reinstate. [12] The Court in Mathews v. Eldridge, supra, 424 U.S. at 335 , 96 S.Ct. at 903 , stated: [I]dentification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute

1983Id. at 557 , 94 S.Ct. at 2975. [11] The government actually filed a motion to set a trial date which the court treated under the circumstances as a motion to reinstate. [12] The Court in Mathews v. Eldridge, supra, 424 U.S. at 335 , 96 S.Ct. at 903 , stated: [I]dentification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute

22
Paul v. Davisgreen
scotus · 1976 · cited in 1 District of Columbia opinions naming this issue, 2018–2018
1 sentence

2018However, “reputation alone, apart from some more tangible interests such as employment, is” insufficient by itself “to invoke the procedural protection of the Due Process Clause.” Paul v. Davis, 424 U.S. 693, 701 (1976). 21 and administrative burdens that the additional or substitute procedural requirement would entail. 424 U.S. 319, 334-35 (1976) (emphasis added).

11
In Re WINSHIPgreen
scotus · 1970 · cited in 1 District of Columbia opinions naming this issue, 1981–1981
1 sentence

1981See, e. g., Goldberg v. Kelly, supra, 397 U.S. at 263-271 , 90 S.Ct. at 1018-1022.

11
Goldberg v. Kellygreen
scotus · 1970 · cited in 1 District of Columbia opinions naming this issue, 1978–1978
2 sentences

1978See, e. g., Goldberg v. Kelly, supra [ 397 U.S. 254 ], at 263-71, 90 S.Ct. 1011 , 25 L.Ed.2d 287 . [Mathews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976).] See also Board of Curators of University of Missouri v. Horowitz, 435 U.S. 78 , 98 S.Ct. 948, 958 , 55 L.Ed.2d 124 (1978) (Marshall, J., concurring in part and dissenting in part).

1978See, e. g., Goldberg v. Kelly, supra [ 397 U.S. 254 ], at 263-71, 90 S.Ct. 1011 , 25 L.Ed.2d 287 . [Mathews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976).] See also Board of Curators of University of Missouri v. Horowitz, 435 U.S. 78 , 98 S.Ct. 948, 958 , 55 L.Ed.2d 124 (1978) (Marshall, J., concurring in part and dissenting in part).

11
Board of Curators of the University of Missouri v. Horowitzgreen
scotus · 1978 · cited in 1 District of Columbia opinions naming this issue, 1978–1978
2 sentences

1978See, e. g., Goldberg v. Kelly, supra [ 397 U.S. 254 ], at 263-71, 90 S.Ct. 1011 , 25 L.Ed.2d 287 . [Mathews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976).] See also Board of Curators of University of Missouri v. Horowitz, 435 U.S. 78 , 98 S.Ct. 948, 958 , 55 L.Ed.2d 124 (1978) (Marshall, J., concurring in part and dissenting in part).

1978See, e. g., Goldberg v. Kelly, supra [ 397 U.S. 254 ], at 263-71, 90 S.Ct. 1011 , 25 L.Ed.2d 287 . [Mathews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976).] See also Board of Curators of University of Missouri v. Horowitz, 435 U.S. 78 , 98 S.Ct. 948, 958 , 55 L.Ed.2d 124 (1978) (Marshall, J., concurring in part and dissenting in part).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Agomo v. Fenty green
dc · 2007
1 sentence

2011“The Supreme Court has set forth a balancing test to determine whether a state’s due process procedures are adequate: ‘First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.’ ” Agomo, 916 A.2d at 191 (quoting Mathews v. El

12011–2011
Gerstein v. Pugh green
scotus · 1975
2 sentences

1983Id. at 557 , 94 S.Ct. at 2975. [11] The government actually filed a motion to set a trial date which the court treated under the circumstances as a motion to reinstate. [12] The Court in Mathews v. Eldridge, supra, 424 U.S. at 335 , 96 S.Ct. at 903 , stated: [I]dentification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute

1983Id. at 557 , 94 S.Ct. at 2975. [11] The government actually filed a motion to set a trial date which the court treated under the circumstances as a motion to reinstate. [12] The Court in Mathews v. Eldridge, supra, 424 U.S. at 335 , 96 S.Ct. at 903 , stated: [I]dentification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute

11983–1983

Statutes the citing opinions construe

USC § 42u.s.c.1983 (6) DC § D.C. Code § 16-2309 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 104 (1978–2025) IL 83 (1979–2025) TX 68 (1987–2025) WA 66 (1979–2025) CT 52 (1979–2025) NJ 50 (1978–2026) MI 46 (1978–2026) OH 40 (1981–2026) ME 38 (1981–2023) MN 35 (1983–2026) PA 33 (1976–2025) ID 32 (1980–2026) TN 32 (1993–2024) MD 31 (1977–2023) NY 31 (1978–2025) OR 29 (1976–2026) IA 23 (1979–2023) NM 23 (1983–2025) MA 22 (1982–2023) LA 22 (1985–2022) NC 18 (1981–2026) NH 17 (1980–2021) WI 16 (1978–2024) DC 16 (1978–2024) ND 15 (1988–2022) AZ 13 (1983–2025) CO 12 (1977–2022) WV 12 (1978–2002) KS 11 (1988–2024) IN 11 (1980–2020) AK 11 (1983–2024) UT 9 (1995–2014) OK 8 (1996–2018) NE 7 (1990–2021) AR 7 (1987–2012) FL 7 (1986–2024) RI 7 (1990–2015) VA 6 (1992–2025) DE 5 (1989–2019) KY 5 (2005–2024) HI 5 (1996–2023) MO 5 (1986–2019) MT 4 (1984–2016) NV 4 (1987–2021) VT 3 (2015–2021) GA 3 (1986–2008) SD 2 (1986–2011) SC 2 (1996–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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