individual has a legitimate claim (Texas) · Go Syfert
← Texas issues

individual has a legitimate claim in Texas

13 Texas opinions name it 1 courts 1987–2023 1 in the last five years

The cases below were cited by Texas 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
Alford v. City of Dallasgreen
texapp · 1987 · cited in 4 Texas opinions naming this issue, 2009–2023
2 sentences

2023“Rather, a property interest protected by procedural due process arises where an individual has a legitimate claim of entitlement that is created, supported, or secured by rules or mutually explicit understandings.” Id.

2015See Alford v. Dallas, 738 S.W.2d 312, 316-17 (Tex. App.— Dallas 1987 , no writ) (stating that a property interest protected by procedural due process arises where an individual has a legitimate claim of entitlement that is created, supported or secured by rules or mutually explicit understandings).

34
Turner v. Perrygreen
texapp · 2009 · cited in 4 Texas opinions naming this issue, 2012–2015
2 sentences

2015See Turner, 278 S.W.3d at 822 ( “A property interest protected by procedural due process arises where an individual has a legitimate claim of entitlement that is created, supported, or secured by rules or mutually explicit understandings.”); Tamayo v. Lucio, 2013 WL 3770914 , at *6 (Tex. App.-- Corpus Christi–Edinburg 2013, no pet.) (thanks to § 614, “Tamayo had a ‘legitimate expectation of continued employment.’”) Chapter 614 “created a property interest: in the absence of a complaint that was signed, delivered, investigated, and supported by evidence,” giving the officer a “legitimate expect

2013“A property interest protected by procedural due process arises where an individual has a legitimate claim of entitlement that is created, supported, or secured by rules or mutually explicit understandings.” Id.

34
Town of Castle Rock v. Gonzalesgreen
scotus · 2005 · cited in 2 Texas opinions naming this issue, 2007–2015
2 sentences

2015No claim to original U.S. Government Works. 11 Town of Castle Rock, Colo. v. Gonzales, 545 U.S. 748 (2005) 125 S.Ct. 2796 , 162 L.Ed.2d 658 , 73 USLW 4611 , 05 Cal. Daily Op. Serv. 5642 ... executive officers whose performance on the job can majority does not contest, see ante, at 2810, that if **2813 be vitally significant to individuals affected. respondent did have a cognizable property interest in this case, the deprivation of that interest violated due process.

2015No claim to original U.S. Government Works. 11 Town of Castle Rock, Colo. v. Gonzales, 545 U.S. 748 (2005) 125 S.Ct. 2796 , 162 L.Ed.2d 658 , 73 USLW 4611 , 05 Cal. Daily Op. Serv. 5642 ... executive officers whose performance on the job can majority does not contest, see ante, at 2810, that if **2813 be vitally significant to individuals affected. respondent did have a cognizable property interest in this case, the deprivation of that interest violated due process.

12
Guthery v. Taylorgreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Here, chapter 614 “created a property interest: in the absence of a complaint that was signed, delivered, investigated, and supported by evidence,” Tamayo had a “legitimate expectation of continued employment.” See id.; see also Guthery v. Taylor, 112 S.W.3d 715 , 721–23 (Tex. App.—Houston [14th Dist.] 2003, no pet.).

11
Paul v. Davisgreen
scotus · 1976 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000Id.; see Davis, 424 U.S. at 711-12 (courts refer to state law in determining whether property interest exists); Bishop v. Wood, 426 U.S. 341, 344-46 (1976) (state law determines which interests constitute property); Spring Branch Indep.

11
Bishop v. Woodgreen
scotus · 1976 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000Id.; see Davis, 424 U.S. at 711-12 (courts refer to state law in determining whether property interest exists); Bishop v. Wood, 426 U.S. 341, 344-46 (1976) (state law determines which interests constitute property); Spring Branch Indep.

11
Board of Regents of State Colleges v. Rothgreen
scotus · 1972 · cited in 1 Texas opinions naming this issue, 1987–1987
2 sentences

1987See Roth, 408 U.S. at 578 , 92 S.Ct. at 2709 ; Perry, 408 U.S. at 602-03 , 92 S.Ct. at 2700 .

1987See Roth, 408 U.S. at 578 , 92 S.Ct. at 2709 ; Perry, 408 U.S. at 602-03 , 92 S.Ct. at 2700 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Olim v. Wakinekona green
scotus · 1983
2 sentences

2015This argument is other recognized theory of Fourteenth Amendment due at odds with the rule that “[p]rocess is not an end in itself. process, by collapsing the distinction between property Its constitutional purpose is to protect a substantive protected and the process that protects it, and would interest to which the individual has a legitimate claim of federalize every mandatory state-law direction to entitlement.” Olim v. Wakinekona, 461 U.S. 238, 250 , 103 © 2015 Thomson Reuters.

1998“Process is not an end in itself;” rather, “[i]ts constitutional purpose is to protect a substantive interest to which the individual has a legitimate claim of entitlement.” Id. at 250 , 103 S.Ct. 1741 .

31998–2015
Perry v. Sindermann green
scotus · 1972
2 sentences

1987See Roth, 408 U.S. at 578 , 92 S.Ct. at 2709 ; Perry, 408 U.S. at 602-03 , 92 S.Ct. at 2700 .

1987See Roth, 408 U.S. at 578 , 92 S.Ct. at 2709 ; Perry, 408 U.S. at 602-03 , 92 S.Ct. at 2700 .

11987–1987

Where else courts name it

TX 13 (1987–2023) IN 4 (1998–2016) FL 4 (1983–2019) NY 3 (1992–2023) IL 3 (1977–1989) NM 2 (2009–2009) AL 2 (1989–2014) IA 2 (2021–2021)

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.

← Caselaw search · G Cite Topics · Brief Check